del-213382.pdf (2014)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: JOHN ROBERT HERSHBERGER, BPR #21519
An Attorney Licensed to Practice Law in Tennessee
(Shelby County)
FILED
No. M2014-00965-SC-BAR-BP
BOPR No. 2013-2243-9-KH MAY 3 0 2014
Clerk of the Courts
Recd By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed on July 31,
2013 by the Board of Professional Responsibility ("Board") against John Robert
Hershberger; upon a Motion for Default Judgment and That Allegations Contained in
Petition for Discipline be Deemed Admitted filed on September 3, 2013; upon Combined
Motion of Respondent, John R. Hershberger, for Additional Time to File a Late Response
to the Petition for Discipline Filed in This Cause on or about July 31, 2013, and Response
of Respondent to the Motion for Default Filed by the Board on September 3, 2013; upon
the Board's Notice of Withdrawal of Motion for Default Judgment and That Allegations
Contained in Petition for Discipline be Deemed Admitted filed September 11, 2013; upon
Answer to Petition for Discipline filed October 7, 2013; upon Conditional Guilty Plea
filed April 2, 2014; upon Order Recommending Approval of Conditional Guilty Plea
filed April 3, 2014; upon acceptance of the terms of the Conditional Guilty Plea by
TLAP; upon consideration by the Board on April 25, 2014; 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, ordered, adjudged and decreed by the court that:
(1) John Robert Hershberger is suspended for two (2) years pursuant to Tenn.
Sup. Ct. R. 9, § 4.2 (2006) with sixty (60) days served as an active suspension. Pursuant
'Because this cause was initiated prior to January 1, 2014, it is governed by the pre-2014 version of Tenn. Sup. Ct. R. 9,
except when otherwise noted.
to Tenn. Sup. Ct. R. 9, § 8.5 (2006), the remaining period of the suspension shall be
probated subject to the following conditions:
(a) Prior to the expiration of the sixty (60) days active suspension, Mr.
Hershberger shall cease using his attorney trust account for improper transactions,
including but not limited to the deposit of earned attorney fees or any other
personal funds and withdrawal of funds for personal transactions or any other
purpose inconsistent with RPC 1.15. Mr. Hershberger shall provide a trust
account statement prior to the expiration of the active suspension period to
Disciplinary Counsel to demonstrate compliance with this condition;
(b) Within fifteen (15) days of the commencement of the active period of
suspension, Mr. Hershberger shall provide to the Chief Disciplinary Counsel the
names of three (3) proposed practice monitors who are in good standing with the
Board and who are not engaged in the practice of law with Mr. Hershberger. If he
fails to provide the required list, the Chief Disciplinary Counsel shall designate a
practice monitor. Once designated, the practice monitor shall review monthly
statements of any and all operating and trust accounts used or accessible by Mr.
Hershberger for the practice of law and shall provide monthly reports to
Disciplinary Counsel concerning Mr. Hershberger's compliance with applicable
rules governing trust accounts. The practice monitor shall begin immediately
following the expiration of the active period of suspension;
(c) Mr. Hershberger shall contact the Tennessee Lawyers Assistance Program
("TLAP") for evaluation. If TLAP determines that a monitoring agreement is
appropriate, Mr. Hershberger shall comply with the terms and conditions of the
TLAP monitoring agreement;
(d) During the period of suspension and probation, Mr. Hershberger shall incur
no new complaints of misconduct that relate to conduct occurring during the
period of suspension and probation and which results in the recommendation by
the Board of Professional Responsibility that discipline be imposed; and,
(e) In the event that Mr. Hershberger violates or otherwise fails to meet any
condition of probation, Disciplinary Counsel is authorized to file a petition to
revoke probation. Upon a finding that a condition of probation was violated, Mr.
Hershberger shall serve the entirety of the previously deferred period of
suspension.
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(2) Additionally, Mr. Hershberger shall comply in all aspects with Tenn. Sup.
Ct. R. 9, §§ 18 (2006) and 30.4(c) (2014), regarding the obligations and responsibilities
of suspended attorneys and the procedure for reinstatement.
(3) Pursuant to Tenn. Sup. Ct. R. 9, § 18.5 (2006), this Order shall be effective
ten (10) days after the date of entry.
(4) Pursuant to Tenn. Sup. Ct. R. 9, § 24.3 (2006), Mr. Hershberger shall pay to
the Board of Professional Responsibility the expenses and costs of this matter in the
amount of $1,930.08 and shall pay to the Clerk of this Court the costs incurred herein,
within one-hundred twenty days (120) days of the entry of this Order, for all of which
execution may issue if necessary.
(5) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 18.10 (2006).
FOR THE COURT:
CORNELIA A. CLARK, JUSTICE
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