a66290a8-53ef-4bee-8eef-914a2a4f9a3a.pdf (2015)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: EDWARD L.SWINGER,BPR #14162
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
FILED
No. M2015-02417-SC-BAR-BP DEC 2 2 2015
BOPR No. 2014-2357-5-AW Clerk of the Courts
Rec'd By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline' filed by the Board of
Professional Responsibility (Board) against Edward L. Swinger on August 21, 2014;
upon a Supplemental Petition for Discipline filed November 17, 2014; upon Answer to
Petition for Discipline filed by Mr. Swinger on April 23, 2015; upon entry of a
Conditional Guilty Plea filed by Mr. Swinger on November 16, 2015; upon an Order
Recommending Approval of Conditional Guilty Plea entered on November 17, 2015;
upon consideration and approval by the Board on December 11, 2015; and upon the
entire record in this cause.
From all of which the Court accepts the Order of the Hearing Panel and adopts the
Hearing Panel's Order Recommending Approval of Conditional Guilty Plea as the
Court's Order.
On February 25, 2014, Mr. Swinger was temporarily suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9, § 4.3 (Case No. M2014-00319-SC-BPR-BP) for failure
to respond to the Board concerning a disciplinary complaint. To date, Mr. Swinger has
not been granted reinstatement. In addition, Mr. Swinger was suspended on August 25,
2014, due to non-compliance with continuing legal education requirements, and said
suspension remains in effect.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
'Because the Petition for Discipline and Supplemental Petition for Discipline in this matter were initiated before the
Board prior to and after January 1, 2014, both Tenn. Sup. Ct. R. 9 (2006) and Tenn. Sup. Ct. R. 9 (2014) are
applicable.
(1) Pursuant to Tenn. Sup. Ct. R. 9, § 4.2 (2006) and Tenn. Sup. Ct. R. 9, §
12.2 (2014), Edward L. Swinger is suspended for twenty-two (22) months retroactive to
Mr. Swinger's temporary suspension on February 25, 2014.
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 4.7 (2006) and Tenn. Sup. Ct. R. 9, §
12.7 (2014), and as a condition precedent to any reinstatement, Mr. Swinger shall make
restitution to the following individuals on or before December 20, 2015, and shall furnish
to the Board of Professional Responsibility proof of restitution. In the event restitution is
made by the Tennessee Lawyer's Fund for Client Protection (TLFCP), Mr. Swinger shall
reimburse TLFCP in the same amount:
a. $750.00 to Amy Miller and Wayne Shearin; and
b. $500.00 to D'Angelo Petties.
(3) Prior to seeking reinstatement, Mr. Swinger must meet 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.
(4) Additionally, Mr. Swinger shall comply in all aspects with Tenn. Sup. Ct.
R. 9, §§ 28 and 30.4 (2014) regarding the obligations and responsibilities of suspended
attorneys and the procedure for reinstatement.
(5) The Order of Temporary Suspension entered on February 25, 2014, in Case
No. M2014-00319-SC-BPR-BP is hereby dissolved.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d)(2014), Mr. Swinger shall pay to
the Board of Professional Responsibility the expenses and costs of this matter in the
amount of $947.93 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 (2014), 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 (2014).
PER CURIAM
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