holiday-3167-order-of-enforcement.pdf (2023)
Note: This document was published in 2023. Information in older documents may not reflect current board procedures or policies.
Need help? Please use the Assistance Request Form below.
Original PDF Document
Download Official Record (holiday-3167-order-of-enforcement.pdf)
Alternative Accessible HTML
Accessible Alternative: This HTML version is an automatically processed accessible alternative. While it provides a searchable format, the text extraction may contain formatting or character errors. The original PDF remains the authoritative official record.
Need a different format? Use the Request Assistance Form.
08/17/2023
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
In Re: NEWTON S. HOLIDAY, III, BPR #012990
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
____________________________
No. M2023-01122-SC-BAR-BP
BOPR No. 2021-3167-5-JM
____________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against
Respondent, Newton S. Holiday, III, on May 19, 2021; upon an Answer to the Petition for
Discipline filed by Mr. Holidayâs counsel, Dana Nero, on June 25, 2021; upon the Boardâs
Motion for Summary Judgment and Separate Concise Statement of Material Facts as to
Which There is No Genuine Issue for Trial filed on November 23, 2021; upon entry of an
Order Granting Summary Judgment on February 15, 2022; upon service of the Order
Granting Summary Judgment upon Mr. Holidayâs counsel by the Executive Secretary of
the Board on February 15, 2022; upon the Boardâs Motion to Set In-Person Hearing on
Sanctions filed on March 22, 2022; upon a final hearing on sanctions on September 6,
2022; upon the Findings of Fact and Conclusions of Law entered on March 16, 2023; upon
service of the Findings of Fact and Conclusions of Law upon Mr. Holiday by the Executive
Secretary of the Board on March 16, 2023; upon the Board of Professional Responsibilityâs
Application for Assessment of Costs filed on March 30, 2023; upon the Findings and
Judgment for Assessment of Costs filed on March 31, 2023; upon service of the Findings
and Judgment for Assessment of Costs by the Executive Secretary of the Board upon Mr.
Holiday on March 31, 2023; upon the 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 Order of the Hearing Panel and adopts the
Hearing Panelâs Findings of Fact and Conclusions of Law and Judgment as the Courtâs
Order.
On July 20, 2022, Mr. Holiday was administratively suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9, § 10 (No. ADM2022 – 00002). To date, Mr. Holiday has
not requested, nor been granted, reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED, AND
DECREED BY THE COURT THAT:
(1) Mr. Holiday is suspended for two (2) years with six (6) months served as an
active suspension and the remainder on probation, pursuant to Tenn. Sup. Ct. R. 9, § 12.2,
the grant of which is conditioned upon:
(a) Mr. Holiday paying $9,500.00 in restitution to Ms. Lanetta Carson-
Bell and/or the Lawyerâs Fund for Client Protection for any sums it
has paid or may pay in the future on Ms. Carson-Bellâs claim before
his license may be reinstated;
(b) Mr. Holiday engaging a practice monitor who has experience in the
field of plaintiffsâ personal injury practice, who will meet at least bi-
monthly with Mr. Holiday, and who will submit monthly reports to
the Board describing Mr. Holidayâs progress in meeting deadlines and
consulting with clients.
(2) Prior to seeking reinstatement, Mr. Holiday must have met all CLE
requirements and have remitted all outstanding registration fees and outstanding
professional privilege taxes, including those due from the date of this order until the date
of reinstatement.
(3) Additionally, Mr. Holiday 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, § 28.1, this Order shall be effective
immediately upon entry.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3 (d), Mr. Holiday shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$1,170.60, which includes the $100.00 filing fee the Board of Professional Responsibility
paid to the Clerk of this Court to initiate this proceeding and shall also pay to the Clerk of
this Court the costs incurred herein, if any, 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, § 28.11.
PER CURIAM
2