kershaw-2846-order-of-enforcement.pdf (2019)
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08/02/2019
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: EDWARD LEE KERSHAW, BPR #016775
An Attorney Licensed to Practice Law in Tennessee
(Greene County)
_________________________
No. M2019-01262-SC-BAR-BP
BOPR No. 2018-2846-1-WM
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Edward
Lee Kershaw on April 2, 2018; upon Response to Petition for Discipline filed by Mr.
Kershaw on May 1, 2018; upon the Findings and Judgment of the Hearing Panel entered
on September 20, 2018; upon the Hearing Panelâs Order for Assessment of Costs entered
on October 15, 2018; upon a Petition for Panel Hearing Review and Appellate Brief for
Edward Lee Kershaw filed on November 16, 2018; upon a Memorandum and Order
entered by the Chancery Court of Greene County on May 10, 2019; upon Finding and
Judgment For Assessment of Costs entered by the Chancery Court of Greene County on
June 5, 2019; upon expiration of the appeal period with no appeal taken; and upon the
entire record in this cause.
On July 23, 2019, Mr. Kershaw filed a response to the Board of Professional
Responsibilityâs protocol memorandum. On July 31, 2019, the Board of Professional
Responsibility filed a reply to Mr. Kershawâs response. After due consideration, the
Court approves the Memorandum and Order of the Chancery Court of Greene County
and adopts the Chancery Courtâs Memorandum and Order as the Courtâs Order.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Mr. Edward Lee Kershaw is suspended from the practice of law for four (4)
months with thirty (30) days to be served as an active suspension, pursuant to Tenn. Sup.
Ct. R. 9, § 12.2, and the remaining three (3) months to be served on probation, pursuant
to Tenn. Sup. Ct. R. 9, § 14.1, subject to the following conditions of probation:
(a) Mr. Kershaw shall contact the Tennessee Lawyers Assistance
Program (TLAP) for evaluation. If TLAP determines that a
monitoring agreement is appropriate, Mr. Kershaw shall comply
with the terms and conditions of the TLAP monitoring agreement.
(b) During the period of suspension and probation, Mr. Kershaw 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.
(2) In the event Mr. Kershaw fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2 (2014).
(3) Prior to seeking reinstatement, Mr. Kershaw 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.
(4) Additionally, Mr. Kershaw 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.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(f) (2014), Mr. Kershaw shall pay to
the Board of Professional Responsibility the expenses and costs of this matter in the
amount of $4,524.94 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) 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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