freeman-2711-order-of-enforcement.pdf (2021)
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06/21/2021
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: MICHAEL LLOYD FREEMAN, BPR #028698
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
_________________________
No. M2021-00657-SC-BAR-BP
BOPR No. 2017-2711-5-AJ
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Michael
Lloyd Freeman on April 26, 2017; upon Answer to Petition for Discipline filed by Mr.
Freeman on June 19, 2017; upon a Supplemental Petition for Discipline filed against Mr.
Freeman on August 15, 2018; upon Answer to Supplemental Petition for Discipline filed
by Mr. Freeman on February 6, 2019; upon entry of a Conditional Guilty Plea filed by Mr.
Freeman on February 11, 2020; upon an Order Recommending Approval of Conditional
Guilty Plea entered on February 12, 2020; upon service of the Order Recommending
Approval of Conditional Guilty Plea by the Executive Secretary of the Board dated
February 12, 2020; upon consideration and approval by the Board on March 13, 2020; upon
rejection of the Conditional Guilty Plea by this Court on April 16, 2020, upon Order Setting
Trial for July 8, 2020; upon Respondentâs Motion to Recuse Panel Members filed on June
23, 2020; upon Response to Motion to Recuse filed on June 26, 2020; upon Order granting
Respondentâs Motion to Recuse Panel Members filed on June 30, 2020; upon Order
Continuing Hearing filed on July 6, 2020; upon Seventh Amended Scheduling Order re-
setting hearing for September 1, 2020; upon commencement of the trial on September 1,
2020; upon Order Continuing Trial entered on September 3, 2020; upon continuance of the
trial to December 16, 2020; upon Mr. Freeman filing his Proposed Findings of Fact and
Conclusions of Law on February 5, 2021; upon the Board filing its Proposed Findings of
Fact and Conclusions of Law on February 5, 2021; upon the Hearing Panelâs Decision
issued on March 3, 2021; upon service of the Hearing Panelâs Decision on Mr. Freeman
on March 3, 2021; upon the Board filing its Application for Assessment of Costs on March
12, 2021; upon the Hearing Panel issuing its Findings and Judgment for Assessment of
Costs on March 30, 2021; upon consideration and approval by the Board on May 20, 2021;
upon 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 Decision of the Hearing Panel and adopts
the Hearing Panelâs Decision as the Courtâs order.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED
BY THE COURT THAT:
(1) Michael Lloyd Freeman is suspended from the practice of law for three (3)
years, pursuant to Tenn. Sup. Ct. R. 9, § 12.2, with three (3) months to be served as active
suspension and the remainder on probation, subject to the following conditions of
probation:
(a) Mr. Freeman shall contact the Tennessee Lawyers Assistance
Program (TLAP) for an evaluation and, if recommended, enter into a
monitoring agreement and comply with its terms. Further, Mr.
Freeman shall give TLAP permission to communicate with the Board
regarding any monitoring agreement.
(b) Mr. Freeman, at his cost, shall engage a practice monitor who shall be
selected and approved in accordance with Tenn. Sup. Ct. R. 9, §
12.9(c). The practice monitor shall meet with Mr. Freeman on a
monthly basis to review basic office procedures such as scheduling
and maintenance of case deadlines and the use of written
communications and fee agreements. The practice monitor shall send
monthly reports to Disciplinary Counsel during the first year of
probation and quarterly thereafter.
(c) During the period of active suspension and probation, Mr. Freeman
shall incur no new complaints of misconduct that relate to conduct
occurring during the period of suspension and probation and which
results in the recommendation by the Board that discipline be
imposed. In the event that Mr. Freeman violates or otherwise fails to
meet said conditions of probation, Disciplinary Counsel shall be
authorized to file a petition to revoke Mr. Freemanâs probation
pursuant to Tenn. Sup. Ct. R. 9, § 14.2. Upon a finding that revocation
is warranted, Mr. Freeman shall serve the previously deferred period
of suspension.
(2) Prior to seeking reinstatement, Mr. Freeman 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.
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(3) Additionally, Mr. Freeman 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 upon
entry.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Freeman shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $4,839.65 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.
(6) Pursuant to Tenn. Sup. Ct. R. 9, §12.7, Mr. Freeman shall be required to
make restitution to Albertina Hughes in the amount of $750.00. Payment of restitution is a
condition precedent to reinstatement and the grant of probation. In the event restitution is
made by the Tennessee Lawyerâs Fund for Client Protection (âTLFCPâ), Mr. Freeman will
be responsible for reimbursement to the TLFCP in the same amount.
(7) 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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