foy-3013.pdf (2019)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
07/03/2019
IN RE: ROBERT JOHN FOY, BPR #025919
An Attorney Licensed to Practice Law in Tennessee
(Rutherford County)
______________________
No. M2019-01187-SC-BAR-BP
BOPR No. 2019-3013-4-TL-12.3
______________________
ORDER OF TEMPORARY SUSPENSION
This matter is before the Court on a Petition of the Board of Professional
Responsibility of the Supreme Court of Tennessee, by and through Disciplinary Counsel,
for the temporary suspension of Robert John Foy from the practice of law, pursuant to
Tenn. Sup. Ct. R. 9, § 12.3. The Petition has been authorized by the Chair of the Board of
Professional Responsibility and is supported by the Affidavit of Eileen Burkhalter Smith,
Disciplinary Counsel.
Based upon the Petition and the supporting Affidavit, the Court finds that Robert
John Foy, Respondent, has misappropriated funds and poses a threat of substantial harm
to the public as detailed by the Affidavit of Disciplinary Counsel.
IT IS THEREFORE, CONSIDERED,
DECREED BY THE COURT THAT:
ORDERED,
ADJUDGED
AND
1.
Robert John Foy is hereby temporarily suspended from the practice of law
as provided in Tenn. Sup. Ct. R. 9, § 12.3.
2.
Robert John Foy shall comply with Tenn. Sup. Ct. R. 9 in all respects and
particularly as provided in Tenn. Sup. Ct. R. 9, § 28, regarding the responsibilities of
suspended attorneys.
3.
Robert John Foy is hereby restricted from accessing the trust account
located at Franklin Synergy Bank (Account Number: XXXX8485) until further Order of
this Court. This Order shall be served upon Franklin Synergy Bank as provided in Tenn.
Sup. Ct. R. 9, § 12.3(b) as an injunction to prevent said bank from making further
payment from said account on any obligation except in accordance with the restrictions
imposed by this Order.
4.
Robert John Foy shall not open any new trust accounts at any financial
institution pending further orders from this Court.
5.
Robert John Foy shall disclose in writing to Disciplinary Counsel the
financial institutions and account numbers of all trust accounts maintained by him within
ten (10) days from entry of this Order.
6.
Any and all financial institutions maintaining a trust account as disclosed
by Robert John Foy shall be served with this Order as provided in Tenn. Sup. Ct. R. 9, §
12.3(b) as an injunction to prevent said bank from making further payment from said
account on any obligation except in accordance with the restrictions imposed by this
Order.
7.
Robert John Foy is hereby restricted from accessing any trust accounts that
may be disclosed by him pursuant to this Order until further Order of this Court.
8.
Any and all financial institutions, including but not limited to Franklin
Synergy Bank, shall be permitted to disclose and share information relating to Robert
John Foyâs trust accounts with Disciplinary Counsel of the Board of Professional
Responsibility.
9.
Disciplinary Counsel of the Board of Professional Responsibility shall have
full and open access to all trust accounts maintained by Robert John Foy.
10.
Robert John Foy is hereby restrained from making any payments from his
trust account(s) or having any access to his trust account(s) whatsoever, without the
express written approval from Disciplinary Counsel.
11.
Robert John Foy shall submit all requests in writing to Disciplinary
Counsel for any access to his trust account(s).
12.
Robert John Foy may make application for dissolution or modification of
this Order as provided in Tenn. Sup. Ct. R. 9, § 12.3.
13.
The Board of Professional Responsibility shall cause notice of this
suspension of Robert John Foy to be published as required by Tenn. Sup. Ct. R. 9, §
28.11.
PER CURIAM