daniel-2315-2-sc-order-judgment.pdf (2018)
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IN THE SUPREME COURT OF TENNESSEE
AT KNOXVILLE
06/08/2018
January 10, 2018 Session
BOARD OF PROFESSIONAL RESPONSIBILITY OF THE SUPREME
COURT OF TENNESSEE v. CHARLES EDWARD DANIEL
Chancery Court for Knox County
No. 2014-2315-2-AJ
___________________________________
No. E2017-01170-SC-R3-BP
___________________________________
JUDGMENT
This case was heard upon the record on appeal from the Chancery Court for Knox
County, the briefs of the parties, and argument of counsel. Upon consideration thereof,
this Court concludes that the trial court properly affirmed the decision of the Hearing
Panel suspending Charles Edward Danielâs license to practice law for three years but
improperly affirmed the service of the suspension entirely on probation.
We hold that the hearing panelâs decision that Mr. Daniel violated Rule 8.4(b) and
(c) of the Rules of Professional Conduct by misappropriating funds from his law firm
partnership was not arbitrary, capricious, or characterized by an abuse of discretion.
However, we hold that the hearing panelâs decision to probate the entire period of
suspension was arbitrary and capricious and modify the sanction to include one year of
active suspension from the practice of law with the remainder of the suspension to be
served on probation.
In accordance with the opinion filed herein, it is, therefore, ordered and adjudged
that the judgment of the Chancery Court for Knox County suspending Mr. Daniel is
affirmed as modified.
The costs of this cause are taxed to Charles Edward Daniel, for which execution
may issue if necessary.