del-254613.pdf (2014)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: JOSEPH BRENT NOLAN, BPR #15237
An Attorney Licensed to Practice Law in Tennessee
(Knox County)
No. M2014-02282-SC-BAR-BP
BOPR No. 2012-2132-2-KB
NOV 26 2014
Clerk of the Courts
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Joseph
Brent Nolan on June 18, 2012; upon the Answer of Joseph Brent Nolan filed on
September 28, 2012; upon a Supplemental Petition for Discipline filed on January 8,
2013; upon Joseph Brent Nolan's Answer to Supplemental Petition for Discipline filed
March 4, 2013; upon a Second Supplemental Petition for Discipline filed on July 16,
2013; upon Joseph Brent Nolan's Answer to Second Supplemental Petition for Discipline
filed August 6, 2013; upon Joseph Brent Nolan's Amended Response to Petition for
Discipline filed September 12, 2013; upon the Findings of Fact and Conclusions of Law
of the Hearing Panel entered on July 24, 2014; upon service of the Findings of Fact and
Conclusions of Law of the Hearing Panel upon Mr. Nolan by the Executive Secretary of
the Board on July 24, 2014; upon the Agreed Order Amending Findings of Fact and
Conclusions of Law of the Hearing Panel entered on September 5, 2014; upon
consideration and approval by the Board on September 19, 2014; upon expiration of the
appeal period with no appeal taken; and upon the entire record in this cause.'
From all of which the Court approves the Orders of the Hearing Panel and adopts
the Findings of Fact and Conclusions of Law of the Hearing Panel and the Agreed Order
Amending Findings of Fact and Conclusions of Law of the Hearing Panel as the Court's
Order.
'Because this cause was initiated prior to January 1, 2014, it is governed by Tenn. Sup. Ct. R. 9 (2006) except as otherwise
noted.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1)
Pursuant to Tenn. Sup. Ct. R. 9, § 4.2, Joseph Brent Nolan is suspended for
two (2) years and for an indefinite period thereafter until he has provided proof of
restitution in the following amounts:
(a) Rodney Smith or his bankruptcy trustee - $36,945.00
(b) Michelle Collins-Hill as legal guardian and for the benefit of
Dakota Hill - $29,747.04
(c) David Morgan - $2,907.50
In the event restitution is made by the Tennessee Lawyer's Fund for Client
Protection (TLFCP), Mr. Nolan shall reimburse TLFCP in the same amount.
(2)
Pursuant to Tenn. Sup. Ct. R. 9, § 8.5, the second year of the suspension
shall be served on probation if Mr. Nolan makes complete restitution before the
expiration of the first year of active suspension. If Mr. Nolan completes the restitution
requirements during the second year of the suspension, the remainder of the second year
of the suspension shall be served on probation. Any period of probation is subject to the
following conditions:
(a)
Mr. Nolan shall engage a practice monitor at his expense
acceptable to the Chief Disciplinary Counsel of the Board for
the entire period of probation.
(b)
The practice monitor shall have weekly telephone contact
with Mr. Nolan and monthly in-person meetings and shall
report his findings in writing to Disciplinary Counsel at least
monthly.
In the event that Mr. Nolan violates or otherwise fails to meet any condition
(3)
of probation, Disciplinary Counsel is authorized to file a petition to revoke probation.
Upon a finding that a condition of probation was violated, the Respondent shall serve the
entirety of the previously deferred period of suspension.
Additionally, Mr. Nolan shall comply in all aspects with Tenn. Sup. Ct. R.
(4)
9, § 18 (2006) and Tenn. Sup. Ct. R. 9, § 30.4 (2014) regarding the obligations and
responsibilities of suspended attorneys and the procedure for reinstatement.
(5)
While suspended, Mr. Nolan remains obligated to fulfill all CLE
requirements and to pay annual registration fees. Mr. Nolan must meet all CLE
requirements and pay all annual registration fees prior to petitioning for reinstatement.
(6)
Pursuant to Tenn. Sup. Ct. R. 9, § 18.5, this Order shall be effective ten
(10) days after the date of entry.
(7)
Pursuant to Tenn. Sup. Ct. R. 9, § 24.3, Mr. Nolan shall pay to the Board of
Professional Responsibility the expenses and costs of this matter in the amount of
$7,178.18 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.
(8)
The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 18.10.
PER CURIAM
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