del-222391.pdf (2014)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: MATTHEW QUENTIN BASTIAN, BPR #012
An Attorney Licensed to Practice Law in Tennessee FILED
(Maury County)
JUL - 92014
Clerk of the Courts
ReC'dBy
No. M2014-01248-SC-BAR-BP
BOPR No. 201 3-2237-6-KH and 2014-231 1-6-KH
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against
Matthew Quentin Bastian, Docket Number 2013-2237-6-KH, on July 9, 2013; upon Mr.
Bastian's Response to Petition for Discipline filed on September 24, 2013; upon a
second Petition for Discipline filed April 15, 2014, against Mr. Bastian in Docket
Number 2014-2311-6-KH; upon the Board's Motion to Consolidate filed April 21, 2014;
upon Mr. Bastian's Conditional Guilty Plea filed April 21, 2014; upon the Hearing
Panel's Order to Consolidate and Order to Recommend Approval of Conditional Guilty
Plea filed on April 22, 2014; and upon consideration by the Board of Professional
Responsibility on June 13, 2014. 1
From all of which the Court approves the Conditional Guilty Plea 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) Matthew Quentin Bastian is suspended for eleven (11) months and twenty-
nine (29) days pursuant to Tenn. Sup. Ct. R. 9, § 4.2 (2006) and Tenn. Sup. Ct. R. 9, §
12.2 (2014) subject to the following conditions:
(a) Mr. Bastian shall make restitution to James Miller in the amount of
$3,000.00. In the event restitution to Mr. Miller is paid by the Tennessee
Lawyers Fund for Client Protection (TLFCP), Mr. Bastian shall reimburse
'Because this cause was initiated prior to January 1, 2014, it is governed by Tenn. Sup. Ct. R. 9 (2006) except as otherwise
noted.
TLFCP the amount paid. Full payment of restitution by Mr. Bastian is a
condition precedent to reinstatement.
(b) Further, Mr. Bastian shall contact the Tennessee Lawyers Assistance
Program ("TLAP") for evaluation. If TLAP determines that a monitoring
agreement is appropriate, Mr. Bastian shall comply with the terms and
conditions of the TLAP monitoring agreement.
(2) Additionally, Mr. Bastian shall comply in all aspects with Tenn. Sup. Ct. R.
9, § 18 (2006) and Tenn. Sup. Ct. R. 9, § 30.4 (2014) regarding the obligations and
responsibilities of suspended attorneys and the procedure for reinstatement. Mr. Bastian
must meet all CLE requirements and all registration requirements prior to 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 Term. Sup. Ct. R. 9, § 24.3 (2006), Mr. Bastian shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $ 1,164.76 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.
(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