golder-3209-order-of-enforcement.pdf (2023)
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06/08/2023
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
In Re: ROBERT HARRIS GOLDER, BPR #034911
An Attorney Licensed to Practice Law in Tennessee
(Shelby County)
_______________________________
No. M2023-000735-SC-BAR-BP
BOPR No. 2021-3209-7-JM
______________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against
Respondent, Robert Harris Golder on November 9, 2021; upon the Boardâs Motion for
Default Judgment and That Charges in the Petition for Discipline Be Deemed Admitted
filed on March 31, 2022; upon entry of an Order Granting Default Judgment and Holding
That Charges in the Petition for Discipline are Deemed Admitted filed on April 8, 2022;
upon service of the Order Granting Default Judgment and Holding That Charges in the
Petition for Discipline are Deemed Admitted upon Mr. Golder by the Executive Secretary
of the Board on April 8, 2022; upon a Supplemental Petition for Discipline filed against
Mr. Golder on April 8, 2022; upon the Boardâs Motion for Default Judgment and That
Charges in the Supplemental Petition Be Deemed Admitted filed on May 10, 2022; upon
entry of an Order Granting Default Judgment and Holding That Charges in the Petition for
Discipline are Deemed Admitted filed on June 2, 2022; upon service of the Order Granting
Default Judgment and Holding That Charges in the Petition for Discipline are Deemed
Admitted upon Mr. Golder by the Executive Secretary of the Board on June 2, 2022; upon
the Motion for Admission Pro Hac Vice of attorney Leonard Golder with local counsel
Brett Stein filed June 17, 2022; upon the Order Granting Admission Pro Hac Vice to
attorney Golder filed on June 24, 2022; upon a hearing on November 21, 2022; upon the
Findings of Fact and Conclusions of Law and Judgment of the Hearing Panel entered on
January 13, 2023; upon service of the Findings of Fact and Conclusions of Law and
Judgment upon Mr. Golderâs counsel by the Executive Secretary of the Board on January
13, 2023; upon the Board of Professional Responsibilityâs Application for Assessment of
Costs filed on January 19, 2023; upon Findings and Judgment for Assessment of Costs
filed on February 24, 2023; upon service of the Findings and Judgment for Assessment of
Costs upon Mr. Golderâs counsel by the Executive Secretary of the Board on February 24,
2023; upon the expiration of the appeal period with no appeal taken; 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 Panelâs Findings of Fact and Conclusions of Law and Judgment as the Courtâs
Order.
On February 21, 2023, Mr. Golder was administratively suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9, § 26 (No. ADM2023 – 00002). To date, Mr. Golder has
not requested, nor been granted, reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED
BY THE COURT THAT:
(1) Mr. Golder is suspended for two (2) years with three (3) months served as an
active suspension and the remainder on probation, pursuant to Tenn. Sup. Ct. R. 9, § 12.2,
the grant of which is conditioned upon:
(a) Mr. Golder incurring no new complaints of misconduct that relate to
conduct occurring during the period of suspension and probation that
result in a recommendation by the Board that discipline be imposed.
(b) Mr. Golder making restitution to Kimberly Spencer of $2,500.00 at
the minimum rate of $125.00 per month and reimbursing the Lawyersâ
Fund for Client Protection for the full amount of any payments that
may be made for Ms. Spencerâs pending claim resulting from Mr.
Golderâs misconduct; and
(c) Mr. Golder engaging a practice monitor who has experience in the
field of practice that Mr. Golder decides to enter, who will meet at
least bi-monthly with Mr. Golder, and who will submit monthly
reports to the Board describing Mr. Golderâs progress in meeting
deadlines and consulting with clients.
(2) Prior to seeking reinstatement, Mr. Golder must have met all CLE
requirements and have remitted all outstanding registration fees and outstanding
professional privilege taxes, including those due from the date of this order until the date
of reinstatement.
(3) Additionally, Mr. Golder shall comply in all aspects with Tenn. Sup. Ct. R.
9, §§ 28 and 30.4, regarding the obligations and responsibilities of suspended attorneys and
the procedure for reinstatement.
(4) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective
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immediately upon entry.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3 (d), Mr. Golder shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$2,235.00, which includes the $100.00 filing fee the Board of Professional Responsibility
paid to the Clerk of this Court to initiate this proceeding and shall also pay to the Clerk of
this Court the costs incurred herein, if any, 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. 9, § 28.11.
PER CURIAM
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