Gerald D. Waggoner, Jr. v. Board of Professional Responsibility of the Supreme Court of Tennessee

Syllabus

A Board of Professional Responsibility hearing panel found that a Shelby County attorney's law license should be suspended for four years based on multiple violations of the Rules of Professional Conduct (RPCs), including RPC 5.5(a). The attorney appealed part of the hearing panel's decision, and the trial court affirmed in part, reversed in part, and modified the sanction to one year. The Board appeals the trial court's decision that the attorney did not violate RPC 5.5(a) by practicing law while his license was suspended. We find that the attorney violated RPC 5.5(a) by continuing to manage and market his law practice by directly or indirectly communicating with office staff, attorneys, and former clients and by recruiting and hiring attorneys while his law license was suspended. The hearing panel's decision that the attorney violated RPC 5.5(a) is supported by substantial and material evidence. We hold that the attorney's law license shall be suspended for two years, with eighteen months served on active suspension. This sanction is based on the RPC 5.5(a) violation, as well as the hearing panel's findings that he violated additional RPCs, which he did not appeal, the American Bar Association's Standards for Imposing Lawyer Sanctions (ABA Standards), five aggravating factors, and no mitigating factors. The attorney shall also make appropriate restitution, obtain additional continuing education as ordered by the trial court, and engage a practice monitor during his probated suspension.