russell-2870.pdf (2019)

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02/19/2019
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE

IN RE: KIMBERLY DIANE RUSSELL, BPR #018435
An Attorney Licensed to Practice Law in Tennessee
(Blount County)
_________________________

No. M2019-00283-SC-BAR-BP
BOPR No. 2018-2870-2-AJ
_________________________

ORDER OF ENFORCEMENT

This matter is before the Court upon a Petition for Discipline filed against
Kimberly Diane Russell on May 23, 2018; upon Answer to Petition for Discipline filed
on June 18, 2018; upon Conditional Guilty Plea filed by Ms. Russell on December 4,
2018; upon an Order Recommending Approval of Conditional Guilty Plea entered on
December 12, 2018; upon consideration and approval by the Board on December 14,
2018; 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 Panel’s Order recommending approval of the Conditional Guilty Plea as the
Court’s Order.

IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:

(1) Pursuant to Tenn. Sup. Ct. 9, § 12.4, Kimberly Diane Russell, is hereby
publicly censured. The imposition of the public censure is conditioned upon appointment
of a practice monitor as set forth below:

(a) Ms. Russell shall engage a practice monitor for a period of one (1) year
who shall be selected and approved in accordance with Tenn. Sup. Ct. R. 9, §
12.9(c). Ms. Russell shall provide a list of potential practice monitors for selection
by the Board within fifteen (15) days of entry of this order.

(b) The practice monitor shall meet with Ms. Russell on a monthly basis to
review basic office procedures such as the scheduling and maintenance of case
deadlines and the use of written communication and fee agreements. A monthly
written report must be provided to Disciplinary Counsel.

(2) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Ms. Russell shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $1,218.37 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.

(3) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 28.11.

(4) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.

PER CURIAM

2

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