manookian-2914-5-sc-order-2.pdf (2018)
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11/21/2018
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: BRIAN PHILLIP MANOOKIAN, BPR #026455
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
______________________
No. M2018-01711-SC-BAR-BP
BOPR No. 2018-2914-5-WM-12.3
______________________
ORDER DENYING VERIFIED PETITION FOR DISSOLUTION OR
AMENDMENT OF ORDER OF TEMPORARY SUSPENSION
On September 21, 2018, this Court entered an Order of Temporary Suspension
pursuant to Tenn. Sup. Ct. R. 9, § 12.3, suspending the law license of Brian Phillip
Manookian for posing a threat of substantial harm to the public. On September 28, 2018,
Mr. Manookian filed a Verified Petition for Dissolution or Amendment of Order of
Temporary Suspension. On October 2, 2018, Mr. Manookian filed his Petition-Motion
for Instanter Ruling Regarding the Procedural Defects of the Tennessee Board of
Professional Responsibilityâs Petition for Temporary Suspension. On October 4, 2018,
the Board filed a Response to Petition for Dissolution. On October 5, 2018, Mr.
Manookian filed his Reply to Petitionerâs Response to Respondentâs Petition for
Dissolution or Amendment of Order of Temporary Suspension. On October 5, 2018, the
Board filed its Response to Petition-Motion for Instanter Ruling and Hearing and the
Declaration of Phillip North. On October 16, 2018, Mr. Manookian filed his Amended
and Restated Petition-Motion, and Memorandum of Law in Support thereof, for Instanter
Ruling Pursuant to Tennessee Rule of Appellate Procedure 22(b) and the Declaration of
John P. Konvalinka. On October 17, 2018, this Court entered its Order directing the
Board to file a supplemental declaration under penalty of perjury and staying the thirty-
day requirement imposed pursuant to Tenn. Sup. Ct. R. 9, § 12.3(c). On October 23,
2018, the Board filed its Response to Amended and Restated Petition-Motion for
Instanter Ruling and the Supplemental Declaration of Phillip North. On October 31,
2018, Mr. Manookian filed his Reply to the Board of Professional Responsibilityâs
Response to Amended and Restated Petition-Motion for Instanter Ruling. On November
1, 2018, this Court entered an Order denying Mr. Manookianâs Amended Motion for
Instanter Ruling and the Boardâs request to lift the stay entered on October 17, 2018. On
October 11 and 19, 2018, a hearing was held before a three-member panel of the Board of
Professional Responsibility. On November 7, 2018, the Panel entered its Report and
Recommendation finding Mr. Manookian failed to establish good cause to dissolve the
temporary suspension. A copy of the Report and Recommendation is attached hereto and
incorporated herein by reference.
IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED BY THE
COURT THAT:
1. The Report and Recommendation of the panel is approved as the Courtâs
Order, and the Verified Petition for Dissolution or Amendment of Order of Temporary
Suspension filed on September 21, 2018, is denied.
2. Mr. Manookian shall remain temporarily suspended from the practice of
law as provided in Tenn. Sup. Ct. R. 9, § 12.3.
3. The stay of the thirty-day requirement imposed pursuant to Tenn. Sup. Ct.
R. 9, § 12.3(c), contained in this Courtâs Order of October 17, 2018, is dissolved and,
effective ten days after entry of this Order, Mr. Manookian shall cease representing
existing clients.
4. Mr. Manookian shall comply with Tenn. Sup. Ct. R. 9 in all respects and
particularly as provided in Tenn. Sup. Ct. R. 9, § 28.
5. Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
6. Taxing of costs pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), is reserved
pending submission of a Panel Judgment on the Boardâs Application for Assessment of
Costs.
7. 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