Board of Professional Responsibility of the Supreme Court of Tennessee

privilege-tax-supreme-court-petition-26.4-d-2.pdf (2024)

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Petition for Reinstatement – Privilege Tax Suspension – Over One Year

Instructions

The following sample petition for reinstatement is for use the following a summary suspension for failure
to pay professional privilege tax if the suspension occurred more than one (1) year before date of filing.
Petitions for reinstatement of a law license suspended for more than one year must be filed with the
Tennessee Supreme Court Clerk’s Office with a copy provided to the Board of Professional Responsibility
pursuant to Tenn. Sup. Ct. R. 9, § 26.4(d)(2). The following form is a sample; if you find that the sample
petition does not completely meet your needs, please feel free to use it as a guide.
File the original, signed copy of the petition for reinstatement (for suspensions over one year) with the Clerk
of the Court by mail (or in person) at the following address:
James M. Hivner, Esq.
Supreme Court Clerk
ATTN: MaryBeth Lindsey, Deputy Clerk
100 Supreme Court Building
401 7th Avenue North
Nashville, TN 37219-1407
You must include a filing fee of $100.00 when you forward the original petition to the Clerk of the Court.
You may serve the copy on the Board at our offices at 10 Cadillac Drive, Suite 220, Brentwood, TN 37027.
You may also email a copy of the petition to registration@tbpr.org.
Here is what you may expect:
• Petitions are processed in the order in which they are filed with the Court.
• We are required to respond to your petition for reinstatement.
• We will process the petition as quickly as possible.
o Please do not ask Board staff to expedite your petition.
o We will not contact the Supreme Court Clerk to inquire about when the order of
reinstatement will be entered.
o We will send an email to you as soon as is practical after the Supreme Court Clerk notifies
the Board that the Court has entered the reinstatement order (we will send notice by email
and by mail).
• Board staff will make inquiry concerning the attorney’s compliance with requirements for payment
of fees to the Board, filing the IOLTA statement, payment of professional privilege tax and
mandatory CLE requirements.
• If you are delinquent in payment of any fees owed to the Board, professional privilege tax owed to
the Tennessee Department of Revenue, or CLE compliance or fees owed to the Tennessee
Commission on Continuing Legal Education, the Board will note that deficiency in our response to
your petition. We will serve a copy of the Board’s response on you and you will be required to
clear the deficiency before the Court will grant your petition for reinstatement.
• You are required to show compliance with Tenn. Sup. Ct. R. 9, § 28. A sample affidavit or
declaration is provided.
Should you have questions, please don’t hesitate to call or email the registration department (email
registration@tbpr.org).
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE

IN RE: ________________________, BPR #__________
An Attorney Licensed to Practice Law in Tennessee
(__________________)
(Insert TN County or City, State above)

______________________

Docket No. _ ______________________
BOPR Docket No. _____________________
______________________

PETITION FOR REINSTATEMENT

PURSUANT TO TENN. SUP. CT. R. 9, § 26.4(d)(2)

Pursuant to Tenn. Sup. Ct. R. 9, § 10.6(d)(2) and 26.4(d)(2),
___________________________, petitions for reinstatement to the practice
of law by submitting the following:

1. Petitioner was suspended from the practice of law by Order of
the Supreme Court on ________________________, for failure
to pay professional privilege tax to the Tennessee Department
of Revenue.

2. Petitioner has fulfilled the requirements of Tenn. Sup. Ct. R.
9, § 28, and documentation demonstrating compliance is
attached hereto as Exhibit A.

3. As of the filing of this petition, Petitioner has done the
following:

a) Paid all delinquent registration fees to the Board of
Professional Responsibility;

b) Paid all outstanding professional privilege tax to the
Tennessee Department of Revenue as evidenced by the
affidavit attached hereto as Exhibit B;

1
c) Paid the required reinstatement fee ($200.00) on
___________________________;

4. Other than the current suspension for failure to pay
professional privilege tax, Petitioner is not suspended from
the practice of law for any other reason as of the filing of this
petition.

5. A copy of this petition for reinstatement has been served on
the Office of Disciplinary Counsel, 10 Cadillac Drive, Suite
220, Brentwood, Tennessee, 37027.

WHEREFORE, having been suspended for more than one (1) year
due to failure to professional privilege tax, Petitioner seeks
reinstatement to the practice of law.

Respectfully submitted:

________________________________
(Sign on line above; add Printed Name, BPR Number and Mailing address below)

___________________BPR #_______

________________________________

________________________________

________________________________

2
VERIFICATION

I, _____________________________, being first duly sworn, make oath and
state that the information provided in this Petition for Reinstatement is
true to the best of my information, knowledge, and belief.

________________________________
Attorney’s signature above

_________________, BPR #_________

Sworn to and subscribed before me on this the ____ day of _____________,
2021.

________________________________
Notary Public
My commission expires:

________________________________

CERTIFICATE OF SERVICE

I hereby certify that I have served a copy of the Petition for
Reinstatement Pursuant to Tenn. Sup. Ct. R. 9, § 10.6(d)(2) upon the
Board of Professional Responsibility, at the Office of Disciplinary
Counsel, 10 Cadillac Drive, Suite 220, Brentwood, Tennessee, 37027, on
this the ____ day of _____________, 202___.

________________________________
Attorney’s signature above

_________________, BPR #_________

3
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE

IN RE: _____________________, BPR #______________
An Attorney Licensed to Practice Law in Tennessee
(_________________________)
Insert City and State above

EXHIBIT A TO PETITION FOR REINSTATEMENT
DECLARATION IN COMPLIANCE WITH
TENN. SUP. CT. R. 9, § 28

Comes now the undersigned attorney, petitioner in the foregoing Petition for Reinstatement
and states under penalty of perjury as follows:

Petitioner’s law license was suspended by the Tennessee Supreme Court on
________________. Because the suspension was entered more than thirty (30) days ago, I
hereby submit the following showing compliance with Tenn. Sup. Ct. R. 9, § 28 regarding
notice to clients, adverse parties, and other counsel:

I have notified or caused to be notified by registered or certified mail with
return receipt requested all clients I represented in a pending matter, all co-
counsel in pending matters, and all opposing counsel in pending matters or
adverse parties. I have attached to this affidavit proof of service on all
parties requiring notice pursuant to Tenn. Sup. Ct. R. 9, § 28.

At the time of my suspension and at all times since the suspension, I had no
clients, co-counsel, opposing counsel or adverse parties requiring notification
of the suspension pursuant to Tenn. Sup. Ct. R. 9, § 28.

I, _____________________________, being first duly sworn, make oath and state that the
information provided in this Petition for Reinstatement is true to the best of my information,
knowledge, and belief.

_______________________________
Attorney’s signature above

_________________, BPR #_________

Sworn to and subscribed before me on this the ____ day of _____________, 2021.

________________________________
Notary Public
My commission expires:

________________________________

Exhibit A

4
BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE

AFFIDAVIT ESTABLISHING COMPLIANCE WITH
PROFESSIONAL PRIVILEGE TAX OBLIGATIONS

Comes now the undersigned attorney, being first duly sworn, and states:

1. My law license was suspended by the Tennessee Supreme Court on ________________ for
failure to pay professional privilege tax pursuant to Tenn. Sup. Ct. R. 9, § 26, as required by
Tenn. Code Ann. § 67-4-1701, et seq.
2. I have fully satisfied all outstanding obligations to the Tennessee Department of Revenue
regarding the Professional Privilege Tax as evidenced by the Tax Clearance Letter issued by
the Department of Revenue which is attached hereto.
3. I have paid the $100.00 delinquency fee assessed by the Board pursuant to Tenn. Sup. Ct. R.
9, § 26.4, and the reinstatement fee required.
4. All other registration requirements owed to the Board of Professional Responsibility are
complete as of the date of this filing.

Witness my hand and seal this the _________ day of ______________________________, 202__.

________________________BPR #_________
Signature

_______________________________________
Address (Mailing Address Only)

_______________________________________
City, State, Zip Code

Sworn to and subscribed before me on this _________ day of __________________________,202__.

_______________________________________
Notary Public
My Commission Expires: ____________________

Exhibit B

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