In Re: Joseph H. Crabtree, Jr., BPR #011451

Court Description:

Authoring Judge: Chief Justice Roger A. Page

Trial Court Judge: Board of Professional Responsibility Hearing Panel

This is an attorney discipline proceeding concerning Tennessee attorney Joseph H.

Crabtree, Jr. and his representation of several clients with varying legal issues. The Board

of Professional Responsibility ("the Boare) filed formal petitions for discipline against

Mr. Crabtree in February 2019. A Hearing Panel of the Board ("Hearing Panel")

adjudicated the petitions and rendered a judgment suspending Mr. Crabtree for two years

and ordering him to serve six months as active suspension and the remainder on probation.

It also directed Mr. Crabtree to pay restitution to two clients, to reimburse one client for

any costs assessed against her upon the dismissal of her case, and to reimburse the

Tennessee Lawyers Fund for Client Protection ("TLFCP") for any money it pays to the

complainants in this matter. Mr. Crabtree failed to perfect an appeal from the Hearing

Panel's decision, and the Board petitioned this Court for an order enforcing the Hearing

Panel's judgment. Pursuant to Tennessee Supreme Court Rule 9, sections 15.4(d) and (e),

we determined that the punishment imposed by the Hearing Panel appeared inadequate.

Thus, we proposed to increase it. Based on our careful consideration of the entire record,

"with a view to attaining uniformity of punishment throughout the State and

appropriateness of punishment under the circumstances of each particular case," we modify

the judgment of the Hearing Panel to impose a three-year suspension, with one year served

as active suspension and the remainder on probation. Tenn. Sup. Ct. R. 9, 15.4(b), (d).

During the first year of the probationary period, Mr. Crabtree shall engage a practice

monitor at his own expense to supervise his compliance with trust account rules and office

management procedures in accordance with Tennessee Supreme Court Rule 9, section

12.9. Finally, as a condition of reinstatement, Mr. Crabtree shall complete twelve hours of

continuing legal education ("CLE"), with six hours focused on ethics and six hours on law

office management, in addition to the annual fifteen-hour CLE requirement. In all other

respects, including payment of restitution to his clients and reimbursement to TLFCP, the

decision of the Hearing Panel is affirmed.