waggoner-2561-9-sc-order.pdf (2017)
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08/01/2017
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: GERALD DENNY WAGGONER, JR., BPR #013988
An Attorney Licensed to Practice Law in Tennessee
(Shelby County)
_________________________
No. M2017-01434-SC-BAR-BP
BOPR No. 2016-2561-9-AW
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Gerald
Denny Waggoner, Jr., on March 1, 2016; upon a Response to Petition for Discipline filed
by Mr. Waggoner on April 5, 2016; upon an Amended Response to the Petition for
Discipline filed September 6, 2016; upon a Motion for Partial Summary Judgment and a
Memorandum of Law in Support for Partial Summary Judgment on the Issue of
Respondent Charging Excessive Attorney Fees filed by Mr. Waggoner on August 30,
2016; upon Response of the Board in Opposition to Motion for Partial Summary
Judgment filed October 10, 2016; upon Mr. Waggonerâs Response to Petitionerâs
Response to Partial Summary Judgment filed October 18, 2016; upon Order Denying
Motion for Partial Summary Judgment entered November 8, 2016; upon the Findings of
Fact, Conclusions of Law and Judgment entered by the Hearing Panel on March 17,
2017; and upon service by the Executive Secretary of the Board of the Findings of Fact
and Conclusions of Law and Judgment of the Hearing Panel upon Mr. Waggoner and his
counsel on March 17, 2017; upon the Boardâs Application for Assessment of Costs filed
March 27, 2017; upon the Hearing Panelâs Judgment for Assessment of Costs entered
April 18, 2017; upon service of the Hearing Panelâs Judgment on Assessment of Costs
upon Mr. Waggoner on April 19 2017; upon consideration and approval by the Board on
June 9, 2017; upon expiration of the appeal period with no appeal taken; and upon the
entire record in this cause.
From all of which the Court accepts the recommendation of the Hearing Panel and
adopts the Hearing Panelâs Findings of Fact, Conclusions of Law and Judgment as the
Courtâs Order.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Gerald Denny Waggoner, Jr., is suspended from the practice of law for
three (3) years, pursuant to Tenn. Sup. Ct. R. 9, § 12.2 (a).
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, and as a condition precedent to
reinstatement, Mr. Waggoner shall make restitution to Peggy Cockrell in the amount of
$48,528.25 (less any amount already paid) and furnish proof of such total payment to the
Board of Professional Responsibility.
(3) As a further condition of reinstatement, Mr. Waggoner shall be required to
engage a practice monitor for one year, after reinstatement to the practice of law,
pursuant to Tenn. Sup. 9. § 12.9 (b) with particular emphasis in his taking continuing
legal education courses with regard to trust account rules, accounting procedures, office
management procedures, fee agreements, and attorney-client communications.
(4) Prior to seeking reinstatement, Mr. Waggoner must have met all CLE
requirements; have remitted all outstanding registration fees and outstanding professional
privilege taxes, including those due from the date of this suspension until the date of
reinstatement; and have remitted all court costs and Board costs in this matter.
(5) Additionally, Mr. Waggoner 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.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Waggoner shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $2,954.22 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.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(8) 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
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