Tennessee Attorney Suspension And Disbarment Judgment.pdf

Okay, I need to create a concise summary of this legal document. Let me start by reading through the content carefully.

The document is about a disciplinary case against David Garrett Mullins, an attorney in Tennessee. The key points are the suspension and disbarment, the filing of the Petition for Discipline, the failure to respond, the default motion, and the legal conclusions based on the Rules of Professional Responsibility.

First, the hearing panel was convened on May 21, 2014, for a final hearing. The Board's Disciplinary Counsel moved to amend the petition, which they did. The amendments changed the date in paragraph 10 from 2012 to 2011 and removed certain allegations. The remaining ones are about RPC 1.1, 1.4, and 8.4(a).

Then, the facts: Mullins was suspended in 2011 for not responding to a complaint. He didn't take steps to dissolve it. In 2012, he was disbarred. The Petition was filed in 2013, and the Board sent it via mail, but Mullins didn't answer, leading to a default. The panel admitted the charges.

The legal conclusions mention that the admitted facts show violations of RPC 1.1 (Competence), 1.4 (Communication), and 8.4(a) (misconduct). The ABA Standards applied here include 4.5 (lack of competence), 4.52 (lack of diligence), 4.4 (dishonest motive), 4.42 (bad faith obstruction), and 4.4 (substantial experience). The panel decided to suspend him for one year, concurrent with his disbarment, and require restitution of $11,000 to Ms. Withers. If the TLFCP pays it, Mullins must reimburse them the same amount.

I need to make sure the summary is detailed but concise. Start with the main outcome: suspension and disbarment. Mention the dates, the reasons for suspension and disbarment. Then the Petition process, the default, and the legal violations. Highlight the ABA standards applied and the restitution requirement. Avoid any markdown and keep it in English. Check for any specific terms or rules that need to be included. Also, note that the case was governed by the 2014 rules since it started before January 1, 2014. Make sure the key facts and legal references are all there without extra details. Let me structure this step by step.

The Tennessee Supreme Court's Disciplinary Panel ruled that David Garrett Mullins, an attorney licensed in the state, was suspended from practicing law for one year, concurrent with his disbarment, and ordered him to pay $11,000 in restitution to Cynthia Withers. The Panel admitted violations of Rules of Professional Responsibility (RPC) 1.1 (Competence), 1.4 (Communication), and 8.4(a) (misconduct) based on admitted facts. Key findings included Mullins' lack of competence in representing Cynthia Withers' son, James Marshall Wolfe, during a drug-related trial. The Panel noted his failure to communicate effectively with the client, neglecting to meet with Wolfe multiple times, and advising against accepting a plea deal that could have avoided a potential life sentence. Aggravating factors included Mullins' financial incentive (accepting $11,000 for the case), intentional non-compliance with disciplinary procedures, and his substantial legal experience. Restitution payment is required as a condition for reinstatement, with potential reimbursement to the Tennessee Lawyers’ Fund for Protection of Clients if applicable. The decision follows a default motion after Mullins did not respond to the Petition for Discipline, which was filed in 2013.