barnes-2379.pdf (2015)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: WILLIAM CLARK BARNES,BPR #11399
An Attorney Licensed to Practice Law in Tennessee
(Maury County)
FILED
No. M2015-00508-SC-BAR-BP MAR 312015
BOPR No. 2014-2379-6-WM
Clerk of the Courts
Rec'd By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against William
Clark Barnes on October 2, 2014; upon an Answer filed by Mr. Barnes on November 3,
2014; upon entry of a Conditional Guilty Plea filed by Mr. Barnes on February 18, 2015;
upon an Order Recommending Approval of Conditional Guilty Plea entered on February
25, 2015; upon consideration and approval by the Board on March 13, 2015; 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 Order Recommending Approval of Conditional Guilty Plea as the
Court's Order.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Attorney William Clark Barnes is suspended for three (3) years with six (6)
months to be served as an active suspension, pursuant to Tenn. Sup. Ct. R. 9, § 12.2
(2014), and the remaining two (2) years and six (6) months to be served on probation,
pursuant to Tenn. Sup. Ct. R. 9, § 14.1 (2014), subject to the following conditions of
probation:
a. Mr. Barnes shall contact the Tennessee Lawyers Assistance Program
("TLAP")for evaluation. If TLAP determines that a monitoring agreement
is appropriate, Mr. Barnes shall comply with the terms and conditions of
the TLAP monitoring agreement.
b. Mr. Barnes shall participate in regular Alcoholics Anonymous meetings
and provide proof of his attendance to the Board if requested.
c. For the period of probation, Mr. Barnes shall continue and complete
treatment as recommended by his psychiatrist.
d. During the period of suspension and probation, Mr. Barnes shall incur no
new complaints of misconduct that relate to conduct occurring during the
period of suspension and probation and which result in the recommendation
by the Board that discipline be imposed.
e. Within fifteen (15) days of the entry of an Order of Enforcement, Mr.
Barnes shall provide to the Board a list of three (3) proposed practice
monitors in accordance with Tenn. Sup. Ct. R. 9, § 12.9. After designation
by the Board of a practice monitor, Mr. Barnes shall engage the practice
monitor who shall provide a monthly report to the Board regarding Mr.
Barnes' office management procedures, client communication, attendance
at Alcoholics Anonymous meetings and compliance with his psychiatrist's
treatment recommendations.
(2) Additionally, Mr. Barnes shall comply in all aspects with Tenn. Sup. Ct. R.
9, § 28(2014)regarding the obligations and responsibilities of suspended attorneys.
(3) While suspended, Mr. Barnes remains obligated to fulfill all CLE
requirements and to pay annual registration fees. Mr. Barnes must meet all CLE
requirements and pay all annual registration fees prior to petitioning for reinstatement.
(4) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1 (2014), this Order shall be effective
upon entry.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d)(2014), Mr. Barnes shall pay to
the Board of Professional Responsibility the expenses and costs of this matter in the
amount of $803.04 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.
(6) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 28.11 (2014).
PER CURIAM
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