smith-3185-order-of-enforcement.pdf (2022)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
08/17/2022
IN RE: C. LEANN SMITH, BPR #018899
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
______________________________
No. M2022-01080-SC-BAR-BP
BOPR No. 2021-3185-5-DB
______________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against C. LeAnn
Smith on June 28, 2021; upon Answer to Petition for Discipline filed by Ms. Smith on
September 14, 2021; upon entry of the Board of Professional Responsibilityâs Proposed
Findings of Fact and Conclusion of Law on April 28, 2022; upon entry of Judgment of the
Hearing Panel on May 12, 2022; upon service of the Judgment of the Hearing Panel on Ms.
Smith by the Executive Secretary of the Board on May 16, 2022; upon entry of Board of
Professional Responsibilityâs Application for Assessment of Cost filed on May 13, 2022;
upon service of the Boardâs Application for Assessment of Costs on Ms. Smith by the
Executive Secretary of the Board on May 13, 2022; upon entry by Hearing Panel of
Findings and Judgment for Assessment of Costs filed on May 31, 2022; upon service of
the Hearing Panelâs Findings and Judgment for Assessment of Costs on Ms. Smith by
Executive Secretary of the Board on May 31, 2022; upon consideration and approval by
the Board on June 10, 2022; upon 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 Judgment of the Hearing Panel and adopts
the Hearing Panelâs Judgment of active suspension.
On May 7, 2021, Ms. Smith was temporarily suspended by this Court pursuant to
Tenn. Sup. Ct. R. 9, § 12.3 (Case No. M2011-00466-SC-BAR-BP). To date, Ms. Smith
has not requested nor been granted reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED, AND
DECREED BY THE COURT THAT:
(1)
Ms. Smith is actively suspended from the practice of law for two (2) years
and six (6) months, pursuant to Tenn. Sup. Ct. R. 9, § 12.2, and as a condition for any
application for reinstatement, Ms. Smith shall enter into a Tennessee Lawyers Assistance
Program (âTLAPâ) Monitoring Agreement, as defined in Tenn. Sup. Ct. R. 33, Appendix
A, and shall authorize Permitted Disclosures to the Board of Professional Responsibility,
comply and participate in any assessment requested by TLAP, and complete and/or comply
with any course of treatment recommended by TLAP following such assessments.
(2)
Prior to seeking reinstatement, Ms. Smith must have met all CLE
requirements, have remitted all outstanding registration fees and outstanding professional
privilege taxes, including those due from the date of this suspension until the date of
reinstatement; and have remitted all court costs and Board costs in this matter. In addition,
Ms. Smith shall be in substantial compliance with the terms and conditions of this Order.
(3)
Ms. Smith 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, § 31.3(d), Ms. Smith shall pay to the Board
of Professional Responsibility the expenses and costs incurred to date by the Board in this
matter in the amount of $2,005.00. Ms. Smith additionally shall be assessed $100.00 for
the cost of filing this matter and pay this filing fee to the Board and shall pay to the Clerk
of this Court the court costs incurred herein. All costs, fees, and expenses awarded or
assessed herein shall be paid within ninety (90) days of the entry of this Order, for which
execution, if necessary, may issue.
(5)
The Order of Temporary Suspension entered May 7, 2021 (Case No. M202100466-SC-BPR-BP) remains in effect.
(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.
(7)
Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
PER CURIAM
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