del-172165.pdf (2013)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILlE
IN RE: CHRISTOPHER WAYNE BARBER, BPR #020607
An Attorney Licensed to Practice Law in Tennessee
(Montgomery County)
No. M2013-02665-SC-BAR-BP
BOPR No. 2013-2177-6-AW
I FLED
DEC 92O13
)f
c our ts
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against
Christopher Wayne Barber on January 4, 2013; upon the Board's Motion for Default
Judgment and that Charges in Petition for Discipline be Deemed Admitted filed on
March 19, 2013; upon the Hearing Panel's Order Granting Default Judgment and that
Charges in Petition for Discipline be Deemed Admitted entered April 22, 2013; upon the
Final Judgment of the Hearing Panel entered August 7, 2013; upon the Order to Alter or
Amend Final Judgment entered on September 6, 2013; upon service of the Judgment on
Mr. Barber by the Executive Secretary for the Board of Professional Responsibility on
September 6, 2013; upon the Board of Professional Responsibility's approval of the Final
Judgment of the Hearing Panel and Amended Order on September 13, 2013; upon the
expiration of the time for appeal and no appeal taken and upon the entire record in this
cause.
On August 16, 2012, Mr. Barber was temporarily suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9, § 4.3 (Case No. M2012-01702-SC-BPR-BP). To date,
Mr. Barber has not filed a petition for dissolution. In addition, Mr. Barber was suspended
for CLE non-compliance on August, 31, 2011, and failure to pay his professional
privilege tax on December, 3, 2010. To date, Mr. Barber has not been reinstated from
either suspension.
From all of which the Court approves the Order of the Hearing Panel and adopts
the Judgment of the Hearing Panel as the Court's Order.
It is, therefore, ordered, adjudged and decreed by the Court that:
Pursuant to Tenn. Sup. Ct. R. 9, § 4.2, Christopher Wayne Barber is
1.
suspended for three (3) years with two (2) years served as an active suspension.
Pursuant to Tenn. Sup. Ct. R. 9, § 8.5, the remaining one (1) year of the
2.
suspension shall be probated subject to the following conditions:
a.
Mr. Barber shall engage a Practice Monitor approved by
Disciplinary Counsel.
b.
Mr. Barber shall meet with the Practice Monitor face to face at least
once a month and by telephone at least weekly.
C.
Mr. Barber shall comply fully with the terms and conditions of his
practice monitoring agreement.
d.
Mr. Barber shall authorize the Practice Monitor to discuss all matters
with Disciplinary Counsel.
e.
Mr. Barber shall not violate any Rules of Professional Conduct
(RPC) during his suspension or be the subject of an ethics complaint
which the Board of Professional Responsibility concludes, in good
faith, is a violation of the RPC, warranting revocation of probation
and the imposition of one (1) additional year of active suspension.
Mr. Barber shall contact the Tennessee Lawyers Assistance Program for
3.
evaluation and, if recommended, enter into a monitoring agreement and comply with all
terms and conditions of the agreement.
As a condition precedent to reinstatement, Mr. Barber shall make payment
4.
of restitution to Kim Johnson in the amount of $2,500.00, or the Lawyers Fund for Client
Protection, if applicable; submit to an evaluation by TLAP and comply with any
recommended monitoring agreement; pay all outstanding Professional Privilege Taxes;
and comply with all Continuing Legal Education requirements.
Mr. Barber shall comply in all aspects with Tenn. Sup. Ct. R. 9, § 18 and 19
5.
regarding the obligations and responsibilities of suspended attorneys. Mr. Barber must
meet all CLE requirements and all registration requirements prior to reinstatement.
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The Court further finds that Mr. Barber was temporarily suspended by this
6.
Court pursuant to Tenn. Sup. Ct. R. 9, § 4.3 on August 16, 2012, for failure to respond to
the Board of Professional Responsibility concerning a complaint of misconduct. Said
temporary suspension is hereby dissolved.
7.
Pursuant to Tenn. Sup. Ct. R. 9, § 18.5, this Order shall be effective ten
(10) days after the date of entry.
8.
Pursuant to Tenn. Sup. Ct. R. 9, § 24.3, Mr. Barber shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$1,571.59 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.
9.
The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 18.10.
FOR THE COURT:
a
CORNELIA A. CLARK, JUSTICE
3