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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: ROY PATRICK NEUENSCHWANDER,BPR #921
An Attorney Licensed to Practice Law in Tennessee
(Knox County)
FILED
No. M2015-00182-SC-BAR-BP FEB - 2 2015
BOPR No. 2013-2201-2-AJ Clerk of too Courts
Rec'd By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Roy
Patrick Neuenschwander on April 16, 2013; upon Answer to Petition for Discipline filed
by Mr. Neuenschwander on May 17, 2013; upon the final hearing held on September 25,
2013; upon the Judgment of the Hearing Panel filed on November 8, 2013; upon service
of the Judgment of the Hearing Panel on Mr. Neuenschwander by the Executive
Secretary of the Board on November 8, 2013; upon a Motion to Alter and Amend filed by
the Board on November 13, 2013; Upon Order of the Hearing Panel granting in part and
denying in part the Motion to Alter and Amend on December 2, 2013; upon service of the
Order of the Hearing Panel on Mr. Neuenschwander by the Executive Secretary of the
Board on December 2, 2013; upon Correction to Order on Motion to Alter and Amend
filed on December 4, 2013; upon service of the Correction to Order on Motion to Alter
and Amend of the Hearing Panel on Mr. Neuenschwander by the Executive Secretary of
the Board on December 2, 2013; upon consideration and approval by the Board on March
8, 2014; upon filing of a Writ of Certiorari by Mr. Neuenschwander on January 31, 2014;
upon Answer to the Writ of Certiorari filed by the Board on March 27, 2013; upon final
hearing by the Circuit Court on November 17, 2014; upon order of the Circuit Court filed
on November 18, 2014; upon consideration and approval by the Board on December 12,
2014; upon expiration of the appeal period with no appeal taken; and upon the entire
record in this cause.1
From all of which the Court approves the Orders of the Hearing Panel and the
Circuit Court and adopts the Orders of the Hearing Panel and the Circuit Court's as the
Court's Order.
'Because this cause was initiated prior to January 1, 2014, it is governed Tenn. Sup. Ct. R.9(2006) except as otherwise
noted.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Pursuant to Tenn. Sup. Ct. R. 9, § 4.2, Roy Patrick Neuenschwander is
suspended for eleven (11) months and twenty-nine (29) days. However, pursuant to
the
Tenn. Sup. Ct. R. 9, § 8.5, the suspension shall be served on probation subject to
condition that Mr. Neuenschwander pay restitution in the amount of $25,000, plus
interest in the amount of 5%. Restitution is to be paid in monthly installments in the
amount of $2,500.00 beginning no later than thirty (30) days after entry of this Order of
Enforcement. The interest owed as of December 4, 2013, is $3,827.00 which shall also be
paid as a condition of probation. Mr. Neuenschwander shall also attend a Board of
Professional Responsibility recognized continuing legal education program on ethics
which includes IOLTA and trust account materials.
(2) In the event Mr. Neuenschwander fails to meet any condition of probation,
the probation shall be revoked pursuant to Tenn. Sup. Ct. R. 9, § 8.5.
(3) Additionally, Mr. Neuenschwander shall comply in all aspects with Tenn.
Sup. Ct. R. 9, §§ 18(2006) 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, § 18.5, this Order shall be effective ten
(10) days after the date of entry.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 24.3, Mr. Neuenschwander shall pay to
the Board of Professional Responsibility the expenses and costs of this matter in the
amount of $3,010.30 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. 9, § 18.10.
PER CURIAM
2