givens-2350.pdf (2015)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: MITCHELL STANLEY GIVENS,JR.,BPR #6819
An Attorney Licensed to Practice Law in Tennessee
(Washington County)
FILED
No. M2015-01499-SC-BAR-BP AUG 1 3 2015
BOPR No. 2014-2350-1-AW
Clerk of the Courts
Rec'd By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Mitchell
Stanley Givens, Jr., on August 4, 2014; upon Respondant's [sic] Answer to Petition filed
October 2, 2014; upon the Supplemental Petition for Discipline filed March 27, 2015;
upon Respondant's [sic] Answer to Supplemental Petition filed June 8, 2015; upon a
Conditional Guilty Plea filed July 2, 2015; upon the Hearing Panel's Order
Recommending Approval of Conditional Guilty Plea entered July 13, 2015; upon
consideration and approval by the Board on July 21, 2015; and upon the entire record in
this cause.
From all of which the Court approves the Order of the Hearing Panel and adopts
the Hearing Panel's Order Recommending Approval of Conditional Guilty Plea as the
Court's Order.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Mitchell Stanley Givens, Jr. is suspended for one(1) year pursuant to Tenn.
Sup. Ct. R.9 § 12.2(2014) with thirty (30) days served as active suspension. Pursuant to
Tenn. Sup. Ct. R. 9, § 14.1 (2014), the remainder of the suspension shall be probated
subject to conditions set forth in the Conditional Guilty Plea as follows:
(a) As a condition of probation, Mr. Givens shall, within three (3) business days
after entry of the Order of Enforcement, contact Tennessee Lawyers Assistance
Program (TLAP) for possible evaluation and shall enter into any monitoring
agreement recommended by TLAP.
(b)Prior to reinstatement of his license to the active practice of law, Mr. Givens
shall be in compliance with any monitoring agreement recommended by
TLAP; shall satisfy all CLE requirements; shall remit all outstanding
registration fees and outstanding professional privilege taxes, including those
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due from the date of this suspension until the date of reinstatement; and shall
remit all court costs and Board costs in this matter.
(2) In the event Mr. Givens fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2(2014).
(3) Additionally, Mr. Givens shall comply in all aspects with Tenn. Sup. Ct. R.
9, §§ 28 and 30.4 (2014) regarding the obligations and responsibilities of suspended
attorneys and the procedure for reinstatement.
(4) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1 (2014), this Order shall be effective
upon entry.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d)(2014), Mr. Givens shall pay to
the Board of Professional Responsibility the expenses and costs of this matter in the
amount of $428.22 and shall pay to the Clerk of this Court the costs incurred herein,
within ninety (90) days of the entry of this Order, for all of which execution may issue if
necessary.
(6) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. § 28.11 (2014).
PER CURIAM
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