dunn-2825.pdf (2019)
Archived Content: This document is formally archived for historical reference. The original PDF remains the official record for legal purposes.
Need help? Please use the Assistance Request Form below.
Original PDF Document
Download Official Record (dunn-2825.pdf)
Alternative Accessible HTML
Accessible Alternative: This HTML version is an automatically processed accessible alternative. While it provides a searchable format, the text extraction may contain formatting or character errors. The original PDF remains the authoritative official record.
Need a different format? Use the Request Assistance Form.
10/08/2019
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: MATTHEW DAVID DUNN, BPR #030759
An Attorney Licensed to Practice Law in Tennessee
(Williamson County)
_________________________
No. M2019-01751-SC-BAR-BP
BOPR No. 2018-2825-6-AW
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against
Matthew David Dunn on February 5, 2018; upon a Motion for Default Judgment and that
Charges in Petition be Deemed Admitted filed April 30, 2018; upon an Order for Default
Judgment entered May 9, 2018; upon a Notice of Hearing filed May 23, 2018, and the
trial of the matter on June 1, 2018; upon a Motion to Alter and Amend or, In the
Alternative, for Rehearing filed June 13, 2018; upon a Memorandum in Support of
Motion to Alter and Amend or, In the Alternative, for Rehearing filed June 27, 2018;
upon an Order on Motion to Alter and Amend or, In the Alternative, For Rehearing
entered August 6, 2018; upon a Motion for Sanctions and to Renew Default Judgment
filed April 16, 2019; upon an Order on Motion for Sanctions and Renew Default entered
May 15, 2019; upon service of the Findings of Fact and Conclusions of Law on Mr.
Dunn on June 13, 2019; upon Application for Assessment of Costs filed June 26, 2019;
upon Findings and Judgment of Assessment of Costs filed July 16, 2019; upon service of
the Findings and Judgment of Assessment of Costs on Mr. Dunn on July 16, 2019; upon
consideration and approval by the Board on September 20, 2019, and expiration of the
appeal period with no appeal taken by Mr. Dunn; and upon the entire record in this cause.
From all of which the Court approves the judgment of the Hearing Panel and
adopts its Findings of Fact and Conclusion of Law as the Courtâs Order.
On February 14, 2019, Mr. Dunn was temporarily suspended by this Court,
pursuant to Tenn. Sup. Ct. R. 9, § 12.3 (Case No. M2019-00289-SC-BAR-BP). By this
Order, the temporary suspension shall be dissolved.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Matthew David Dunn is suspended from the practice of law, pursuant to
Tenn. Sup. Ct. R. 9, § 12.2, for a period of five (5) years with a minimum of three (3)
years to be served as an active suspension and the remaining two (2) years, upon
reinstatement by the Supreme Court, to be served on probation pursuant to Tenn. Sup. Ct.
R. 9, § 14. The grant of probation is conditioned upon:
(a) Mr. Dunn engaging a practice monitor in accordance with Tenn. Sup. Ct. R.
9, § 12.9, to review the office management practices of Mr. Dunn and
address any deficiencies related to reasonable, timely and meaningful
communications; timely preparation and filing of pleadings with the
appropriate tribunal or agency; and reasonable and timely instigation and
resolution of litigation cases. The practice monitor shall submit monthly
reports to the Board.
(b) Mr. Dunn obtaining ten (10) hours of additional ethics CLE over and above
the fifteen (15) hours required each year during his five (5) year suspension.
(c) Mr. Dunn contacting the Tennessee Lawyers Assistance Program (TLAP)
within thirty (30) days of the effective date of his suspension for evaluation,
enter into any monitoring agreement recommended by TLAP and complete
the monitoring agreement to the satisfaction of TLAP.
(d) Mr. Dunn incurring no new complaints of misconduct related to conduct
occurring during the period of suspension and probation which results in
the recommendation by the Board that discipline be imposed.
(2) In the event Mr. Dunn fails to meet any condition of probation, which
results in the revocation of probation, Mr. Dunn shall be required to actively serve the
entirety of the five (5) year suspension.
(3) Prior to seeking reinstatement, Mr. Dunn 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. Dunn 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, § 31.3(d), Mr. Dunn, shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$3,443.67, and shall pay to the Clerk of this Court the costs incurred herein, within ninety
(90) days of the entry of this Order, for which execution may issue if necessary.
2
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(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
3