Section 12 - Types of DisciplineThe following are the types of discipline which may be imposed, with or without conditions, on the basis of the grounds for discipline set forth in Section 11.
12.1.Disbarment. Disbarment terminates the individual's status as an attorney.12.2.Suspension.(a) Suspension generally is the removal of an attorney from the practice of law for a specified minimum period of time. Suspension may be for a fixed period of time, or for a fixed period of time and an indefinite period to be determined by the conditions proposed by the judgment. The imposition of a portion but not all of a suspension for a fixed period of time may be deferred in conjunction with a period of probation ordered pursuant to Section 14. A suspension order must result in some cessation of the practice of law for not less than thirty days. (1) No attorney suspended under any Section of this Rule shall resume practice until reinstated by order of the Court.(2) No suspension shall be ordered for a specific period less than thirty days or in excess of ten years.(3) All suspensions regardless of duration shall be public and shall be subject to the provisions of Section 28, unless otherwise expressly provided in this Rule.(b) No suspension shall be made retroactive, except that a suspension may be made retroactive to a date on which an attorney was temporarily suspended pursuant to Section 12.3 or Section 22 if the attorney was not subsequently reinstated from such temporary suspension.12.3.Temporary Suspension.(a) On petition of Disciplinary Counsel and supported by an affidavit or declaration under penalty of perjury demonstrating facts personally known to affiant showing that an attorney has misappropriated funds to the attorney's own use, has failed to respond to the Board or Disciplinary Counsel concerning a complaint of misconduct, has failed to substantially comply with a Tennessee Lawyer Assistance Program monitoring agreement requiring mandatory reporting to Disciplinary Counsel pursuant to Section 36.1, or otherwise poses a threat of substantial harm to the public, the Court may issue an order with such notice as the Court may prescribe imposing temporary conditions of probation on said attorney or temporarily suspending said attorney, or both.(b) Any order of temporary suspension which restricts the attorney maintaining a trust account shall, when served on any bank maintaining an account against which said attorney may make withdrawals, serve as an injunction to prevent said bank from making further payment from such account or accounts on any obligation except in accordance with restrictions imposed by the Court.(c) Any order of temporary suspension issued under this Rule shall preclude the attorney from accepting any new cases, unless otherwise provided in the order. An order of temporary suspension shall not preclude the attorney from continuing to represent existing clients during the first thirty days after the effective date of the order of temporary suspension, unless otherwise provided in the order; however, any fees tendered to such attorney during such thirty day period shall be deposited in a trust fund from which withdrawals may be made only in accordance with restrictions imposed by the Court. (d) The attorney may for good cause request dissolution or amendment of any such order of temporary suspension by filing in the Nashville office of the Clerk of the Supreme Court and serving on Disciplinary Counsel a Petition for Dissolution or Amendment. Such petition for dissolution shall be set for immediate hearing before the Board or a panel. The Board or panel shall hear such petition forthwith and file its report and recommendation to the Supreme Court with the utmost speed consistent with due process. There shall be no petition for rehearing. Upon receipt of the foregoing report, the Court may modify its order if appropriate or continue such provision of the order as may be appropriate until final disposition of all pending disciplinary charges against said attorney;12.4. Public Censure. Public censure is a form of public discipline which declares the conduct of the attorney improper, but does not limit the attorney's privilege to practice law.12.5. Private Reprimand. Private reprimand is a form of non-public discipline which declares the conduct of the attorney improper, but does not limit the attorney's privilege to practice law. A private reprimand may be imposed when there is harm or risk of harm to the client, the public, the legal system or the profession, and the respondent attorney has previously received a private informal admonition for the same misconduct and repeats the misconduct; or, when there are several similar acts of minor misconduct within the same time frame, but relating to different matters.12.6.Private Informal Admonition. Private informal admonition is a form of non-public discipline which declares the conduct of the attorney improper, but does not limit the attorney's privilege to practice law. Private informal admonition may be imposed when there is harm or risk of harm to the client, the public, the legal system or the profession, but the misconduct appears to be an isolated incident or is minor.12.7. Restitution. Upon order of a hearing panel, panel or court, or upon stipulation of the parties, and in addition to any other type of discipline imposed, the respondent attorney may be required to make restitution to persons or entities financially injured as a result of the respondent attorney's misconduct. In the event that a person or entity financially injured as a result of the respondent attorney's misconduct has received any payment from or has a claim pending before the Tennessee Lawyers' Fund for Client Protection, the order or stipulation shall provide that the Fund shall be reimbursed to the extent of such payment by the Fund.12.8. Upon order of a hearing panel, panel or court, or upon stipulation of the respondent attorney and Disciplinary Counsel in matters which are or are not in formal proceedings, conditions consistent with the purpose of this Rule and with the Rules of Professional Conduct, including but not limited to the requirement of a practice monitor pursuant to the procedures set forth in Section 12.9 and completion of a practice and professionalism enhancement program, may be placed upon the imposition of any form of public discipline. If a respondent attorney fails to fully comply with the conditions placed upon the public discipline imposed, the Board may reopen its disciplinary file and conduct further proceedings under these Rules.12.9. Practice Monitors.(a) If a practice monitor is required as a condition of public discipline pursuant to Section 12.8, or as a condition of probation pursuant to Section 14, or as a condition of reinstatement pursuant to Section 30, the judgment or order of the hearing panel or panel and the Order of Enforcement, Order of Reinstatement, or other judgment or order of the reviewing court shall specify the duties and responsibilities of the practice monitor.(b) The duties and responsibilities of a practice monitor may include, but shall not be limited to, supervision of the respondent or petitioning attorney's compliance with any conditions of discipline, probation, or reinstatement; and, the respondent or petitioning attorney's compliance with trust account rules, accounting procedures, office management procedures, and any other matters involving the respondent or petitioning attorney's practice of law which the parties, by stipulation or agreement, or the hearing panel, panel or reviewing court determines to be appropriate and consistent with the violation(s) for which the respondent or petitioning attorney was disciplined. The practice monitor shall make periodic reports to Disciplinary Counsel at such times or intervals as may be prescribed by Disciplinary Counsel and also as deemed necessary or desirable by the practice monitor.(c) The respondent or petitioning attorney shall, within fifteen days of the entry of the stipulation, judgment or order imposing the requirement of a practice monitor, provide to the Board a list of three proposed practice monitors, all of whom shall be attorneys licensed to practice law in this State and whose licenses are in good standing with the Board, and none of whom shall be engaged in the practice of law with the respondent or petitioning attorney, whether in a law firm of any form or structure or in an association of attorneys of any kind or form. The Board, in its sole discretion, shall designate a practice monitor from the list so provided, and the Board's designation shall be final and not subject to appeal. In the event that the Board, in its sole discretion, determines that none of the respondent or petitioning attorney's proposed practice monitors is acceptable, or the respondent or petitioning attorney fails to provide the required list, the Board shall designate a practice monitor, and the Board's designation shall be final and not subject to appeal.(d) The respondent or petitioning attorney shall be responsible for and shall pay a reasonable fee to the practice monitor, and, where applicable, the payment of such fee shall be a condition of reinstatement pursuant to Section 30. The practice monitor may make application to the Board Chair for an award of fees and shall file with the application an affidavit or a declaration under penalty of perjury and such other documentary evidence as the practice monitor deems appropriate documenting the hours expended and the fees incurred, and shall serve a copy of the same on the respondent or petitioning attorney. Such proof shall create a rebuttable presumption as to the necessity and reasonableness of the hours expended and the fees incurred. The respondent or petitioning attorney may within fifteen days after the practice monitor's application submit to the Board Chair and serve on the practice monitor any response in opposition to the application for an award of fees. The burden shall be upon respondent or petitioning attorney to prove by a preponderance of the evidence that the hours expended or fees incurred by the practice monitor were unnecessary or unreasonable. The practice monitor or the respondent or petitioning attorney may request a hearing before a panel, in which event the panel shall promptly schedule the same. The panel shall within fifteen days from the conclusion of such hearing submit to the Board its findings and judgment with respect to the practice monitor's application for the award of fees. There shall be no petition for rehearing. The Board shall review the panel's findings and judgment and shall either enter the panel's judgment or modify the same and enter judgment as modified. In the event no hearing is requested, the Board shall within fifteen days from the date on which the respondent or petitioning attorney's response is due or is submitted, whichever is earlier, enter a judgment with respect to the practice monitor's application for the award of fees. There shall be no other or further relief with respect to an application for the award of practice monitor fees. Nothing herein shall prohibit the practice monitor from providing these services pro bono. A practice monitor who elects to provide services pro bono may include the hours providing such services on his or her annual pro bono reporting statement under the category of "hours providing legal services to improve the law, the legal system, or the legal profession."Amended by Order filed and effective 1/23/2020.