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OFFICE OF DISCIPLINARY COUNSEL v. FITZGERALD

607 S.W.2d 232 (1980)

OFFICE OF DISCIPLINARY COUNSEL, Appellee, v. John Arnold FITZGERALD, Appellant.

Supreme Court of Tennessee.

November 3, 1980.

Attorney(s) appearing for the Case

Lance B. Bracy, Disciplinary Counsel, Nashville, for appellee.

Proctor Upchurch, Pikeville, for appellant.

OPINION

FONES, Justice.

Appellee brought three charges of professional misconduct against appellant, John Arnold Fitzgerald, a lawyer practicing in Rhea County, Tennessee.

Trial was held before a hearing panel composed of Edwin C. Harris, Chairman, Hugh P. Garner and Robert Kirk Walker. The panel found appellant guilty of unprofessional conduct based upon charge one and that Disciplinary Counsel had failed to carry the burden of proof with respect...

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