fisher-2372.pdf (2015)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: DONALD WALTER FISHER,BPR #14714
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
No. M2015-01574-SC-BAR-BP
BOPR No. 2014-2372-5-WM
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Donald
Walter Fisher on September 29, 2014; upon Answer to Petition for Discipline filed by
Mr. Fisher on October 17, 2014; upon a hearing on March 24, 2015; upon the Findings of
Fact and Conclusions of Law entered on May 4, 2015; upon service of the Findings of
Fact and Conclusions of Law on Mr. Fisher by the Executive Secretary of the Board on
May 4, 2015; upon the Board of Professional Responsibility's Application for
Assessment of Costs filed May 14, 2015; upon the Hearing Panel's Judgment on Board
of Professional Responsibility's Application for Assessment of Costs entered June 5,
2015; upon service of the Hearing Panel's Judgment on Board of Professional
Responsibility's Application for Assessment of Costs upon Mr. Fisher on June 5, 2015;
upon consideration and approval by the Board on June 12, 2015; 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 Order of the Hearing Panel and adopts
the Hearing Panel's Findings of Fact and Conclusions of Law as the Court's Order.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Donald Walter Fisher is suspended for one (1) year with ninety (90) days to
be served as an active suspension, pursuant to Tenn. Sup. Ct. R. 9, § 12.2 (2014), and the
remainder to be served on probation, pursuant to Tenn. Sup. Ct. R. 9, § 14.1 (2014),
subject to the following conditions of probation:
(a) Mr. Fisher shall engage a practice monitor for the entire period of
probation. Mr. Fisher shall provide a list of three (3) proposed
practice monitors for selection by the Board within fifteen (15) days
of entry of an order reinstating him to the practice of law.
(b) The practice monitor shall submit monthly reports to the Board
addressing the following areas: Mr. Fisher's communication
practices with his clients, training and supervision of his employees,
client intake practices, solicitation of clients, tracking and
monitoring of client communications and settlement
communications.
(c) During the period of probation, Mr. Fisher shall not violate any of
the Tennessee Rules of Professional Conduct.
(2) In the event Mr. Fisher fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2(2014).
(3) Prior to seeking reinstatement, Mr. Fisher 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.
(4) Additionally, Mr. Fisher shall comply in all aspects with Tenn. Sup. Ct. R.
9, §§ 28 and 30.4 (2014) regarding the obligations and responsibilities of suspended
attorneys and the procedure for reinstatement.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1 (2014), this Order shall be effective
upon entry.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d)(2014), Mr. Fisher shall pay to
the Board of Professional Responsibility the expenses and costs of this matter in the
amount of $2,566.57 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.
(7) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. § 28.11 (2014).
PER CURIAM
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