schaeffer-3106-order-of-enforcement-11-9-21.pdf (2021)
Note: This document was published in 2021. Information in older documents may not reflect current board procedures or policies.
Need help? Please use the Assistance Request Form below.
Original PDF Document
Download Official Record (schaeffer-3106-order-of-enforcement-11-9-21.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.
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
11/09/2021
IN RE: JAMES FOSTER SCHAEFFER, JR., BPR #006862
An Attorney Licensed to Practice Law in Tennessee
(Shelby County)
______________________________
No. M2021-01309-SC-BAR-BP
BOPR No. 2020-3106-9-AJ
_____________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against James
Foster Schaeffer, Jr., on July 15, 2020; upon a Supplemental Petition for Discipline filed
on November 2, 2020; upon Mr. Schaefferâs Response to Petition for Discipline filed on
January 21, 2021; upon Mr. Schaefferâs Response to Supplemental Petition for Discipline
filed on January 22, 2021; upon a Conditional Guilty Plea filed by Mr. Schaeffer on August
10, 2021; upon an Order Recommending Approval of Conditional Guilty Plea entered on
August 31, 2021; upon consideration and approval by the Board on September 10, 2021;
and upon the entire record in this cause.
From all of which the Court approves the Order of the Hearing Panel and adopts the
Hearing Panelâs Order as the Courtâs Order.
On August 21, 2021, Mr. Schaeffer was suspended by this Court for failing to
comply with Continuing Legal Education Requirements. Mr. Schaeffer has not requested,
nor been granted reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED
BY THE COURT THAT:
(1)
Pursuant to Tenn. Sup. Ct. R. 9, § 12.2, James Foster Schaeffer, Jr., is
suspended from the practice of law for one (1) year, consisting of thirty (30) days active
suspension and the remainder on probation pursuant to Tenn. Sup. Ct. R. 9, §14 subject to
the following conditions:
(a)
During the period of active suspension and probation, Mr. Schaeffer
shall incur no new complaints of misconduct that relate to conduct occurring during
the period of suspension and probation that result in the recommendation by the
Board that discipline be imposed.
(b)
In the event Mr. Schaeffer fails to meet any condition of probation,
the probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2, and upon a
finding that revocation is warranted, Mr. Schaeffer shall serve the previously
deferred period of suspension.
(2)
Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, Mr. Schaeffer shall be required to
make restitution to NaTonya Sanders in the amount of $748.50. Payment of restitution is a
condition precedent to reinstatement. In the event restitution is made by the Tennessee
Lawyerâs Fund for Client Protection (âTLFCPâ), Mr. Schaeffer shall reimburse the TLFCP
in the same amount.
(3)
Mr. Schaeffer 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)
Prior to seeking reinstatement, Mr. Schaeffer 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.
(5)
Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective
immediately.
(6)
Pursuant to Tenn. Sup. Ct. R. 9, § 31.3, Mr. Schaeffer shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$1,010.00 and the $100.00 filing fee the Board of Professional Responsibility paid the
Clerk of this Court to initiate this proceeding and shall also pay to the Clerk of this Court
the costs incurred herein, if any, 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
2