manookian-2914-10-11-19.pdf (2019)

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10/11/2019
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE

IN RE: BRIAN PHILLIP MANOOKIAN, BPR #026455
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
______________________

No. M2019-00630-SC-BAR-BP
BOPR No. 2018-2914-5-WM-12.3
______________________

ORDER REINSTATING 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 reinstatement of the temporary suspension of Brian Phillip Manookian from the
practice of law, pursuant to Tenn. Sup. Ct. R. 9, § 12.3. The Petition was authorized by
the Chair of the Board of Professional Responsibility and is supported by the affidavit of
attorney Thomas Wiseman.

On September 21, 2018, Mr. Manookian was temporarily suspended from the
practice of law by this Court, pursuant to Tenn. Sup. Ct. R. 9, § 12.3, based on a finding
that he posed a threat of substantial harm to the public. Mr. Manookian sought dissolution
of the temporary suspension by filing a Verified Petition for Dissolution or Amendment
of Order of Temporary Suspension; on November 21, 2018, this Court entered an Order
denying Mr. Manookian’s petition. Mr. Manookian filed a second request for the same
relief by filing a Petition for Dissolution of Order of Temporary Suspension; on February
27, 2019, this Court entered an Order denying this petition as well.

On April 9, 2019, Mr. Manookian filed a Petition for Dissolution of Order of
Temporary Suspension. On May 17, 2019, this Court entered an Order granting Mr.
Manookian’s petition, dissolving the temporary suspension of Mr. Manookian’s law
license. The May 17, 2019 order dissolved the temporary suspension subject to Mr.
Manookian’s ongoing compliance with conditions set forth in the panel’s Report and
Recommendations on Third Petition for Dissolution of Order of Temporary Suspension.

On June 24, 2019, the Board filed the instant petition for reinstatement of the
temporary suspension of Mr. Manookian’s law license. On July 19, 2019, this Court
referred the matter to a panel for a formal hearing on whether the Court should reinstate
Mr. Manookian’s temporary suspension. The matter was specifically referred to the Panel
that had heard Mr. Manookian’s second and third petitions for dissolution on January 30,
2019, and April 26, 2019, respectively. The Court also ordered the Board to submit to
this Court by August 18, 2019, the Panel’s report and recommendation as to whether the
temporary suspension should be reinstated.

On August 6, 2019, the Board filed a supplemental petition to reinstate the
temporary suspension of Mr. Manookian’s law license, along with an accompanying
exhibit. By order entered by this Court on August 15, 2019, this supplemental petition
was referred to the same Panel for review and formal hearing. Also on August 15, 2019,
this Court granted the Panel’s request for an extension of time until August 30, 2019, for
filing its report and recommendation, because the hearing could not be set until August
23, 2019. On August 23, 2019, this Court granted the Panel’s second request for
extension for filing its report and recommendation until September 20, 2019, due to a
medical emergency of one of the Panel members. On September 18, 2019, this Court
granted the Panel’s third request for extension for filing its report and recommendation
until October 15, 2019, because Mr. Manookian claimed he had suffered a medical
emergency.

The Panel conducted its hearing on reinstatement of the temporary suspension on
September 26, 2019. The Panel filed its report and recommendation on October 7, 2019.1

On October 4, 2019, Mr. Manookian filed a “Motion to Dismiss Supplemental
Petition to Reinstate Temporary Suspension and Objection to Report and
Recommendation.” Mr. Manookian argues that the petition and report and
recommendation fail to provide a sufficient factual basis to reinstate a temporary
suspension pursuant to Rule 9, section 12.3. He also argues that two members of the
Panel should have recused themselves because they are defendants in a federal lawsuit
that Mr. Manookian has filed against them.

On October 9, 2019, Mr. Manookian filed a supplement to his motion to dismiss in
which he reiterates his argument of bias of the Panel members. Additionally, he argues
that Rule 9, section 12.3, is unconstitutional on its face and as applied to Mr. Manookian
as depriving him of his due process rights under the 14th Amendment. Upon review of
Mr. Manookian’s motion and attached exhibits, as well as the supplement to his motion,
the Court respectfully DENIES the motion.

On October 4, 2019, Mr. Manookian also filed a motion to place under seal the
Panel’s report and recommendation. The motion states that the Panel does not oppose the
motion. Mr. Manookian filed a supplemental motion as well, asking the Court to also
place under seal page 19 of his October 4, 2019 “Motion to Dismiss…” and the last page
of Exhibit A to that motion.

1
Although the report and recommendation was filed with this Court on October 7, 2019, the
report states that it was signed and submitted on October 3, 2019. It appears that Mr. Manookian received
the report and recommendation shortly thereafter, based on the three responsive motions he filed on
October 4, 2019.
2
Upon review, the Court GRANTS Mr. Manookian’s request to place under seal
page 19 of his October 4, 2019 “Motion to Dismiss…” and the final page of Exhibit A to
that motion. The Court DENIES without prejudice Mr. Manookian’s motion to place the
Panel’s report and recommendation under seal, based on the lack of specificity in the
motion. Mr. Manookian has ten days from the filing of this Order in which to file a
motion seeking redaction of the Panel’s report and recommendation, specifying exactly
what parts he contends should be redacted, along with the ground and legal basis for each
redaction sought.

In its Report and Recommendation, the Panel outlined testimony at the hearing,
including testimony by Mr. Manookian, regarding two incidents. In the first incident, the
Panel found that Mr. Manookian improperly communicated directly with the client of
opposing counsel by sending the client an email designed to intimidate the client and
undermine the client’s relationship with the client’s attorney. In the second incident, the
Panel found that Mr. Manookian intentionally sent another opposing counsel an email
that contained a photograph of the opposing counsel’s wife, personal information
regarding his wife, and a photograph of opposing counsel’s home, causing opposing
counsel to be fearful for the safety of his family. The Panel rejected Mr. Manookian’s
explanations for these incidents and noted that Mr. Manookian has previously been
disciplined for sending threatening and coercive emails regarding the families of
opposing counsel. The Panel concluded that Mr. Manookian had violated a condition of
the Order granting his Petition for Dissolution of Order of Temporary Suspension.

Based upon the Court’s review of the Board’s petition to reinstate temporary
suspension, the Board’s supplemental petition to reinstate temporary suspension, and the
supporting affidavit and exhibits for both petitions, as well as the Panel’s report and
recommendation, the Court adopts the Panel’s finding that Brian Phillip Manookian,
Respondent, has violated a condition of the Order Granting Petition for Dissolution of
Order of Temporary Suspension.

The Court finds as well that Mr. Manookian poses a threat of substantial harm to
the public.

For these reasons, the Court determines that it should reinstate the temporary
suspension of Mr. Manookian’s law license.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:

1. The temporary suspension of Brian Phillip Manookian from the practice of
law as provided in Tenn. Sup. Ct. R. 9, § 12.3, is hereby reinstated.

3
2. Brian Phillip Manookian 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. Brian Phillip Manookian may make application for dissolution or
modification of this Order as provided in Tenn. Sup. Ct. R. 9, § 12.3.

4. The Board of Professional Responsibility shall cause notice of this
suspension of Brian Phillip Manookian to be published as required by Tenn. Sup. Ct. R.
9, § 28.11.

PER CURIAM

4

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