Miss. Bar v. Burlison
| Docket Number: | 2008-BD-01951-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 12-10-2009 Opinion Author: Graves, P.J. Holding: Suspended for three months. |
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| Additional Case Information: |
Topic: Bar discipline - Reciprocal discipline - Miss.R.Disc. 13 Judge(s) Concurring: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Nature of the Case: CIVIL - BAR MATTERS |
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| Party Name: | Attorney Name: | |||
| Appellant: | THE MISSISSIPPI BAR |
ADAM B. KILGORE |
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| Appellee: | DAVID P. BURLISON, JR. | DAVID P. BURLISON, JR. |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Bar discipline - Reciprocal discipline - Miss.R.Disc. 13 |
| Summary of the Facts: | The Mississippi Bar filed a Formal Complaint seeking disciplinary action pursuant to Rule 13 of the Rules of Discipline for the Mississippi State Bar against attorney David Burlison, Jr., based on the Supreme Court of Tennessee’s imposition of a three-month suspension of Burlison from the practice of law. |
| Summary of Opinion Analysis: | Burlison’s suspension in Tennessee constitutes grounds for the imposition of discipline pursuant to Rule 13. The Bar recommends the imposition of reciprocal discipline against Burlison for engaging in unprofessional and unethical conduct evincing unfitness for the practice of law. The Bar also asserts that Burlison failed to notify the Bar or any other disciplinary agency of his suspension in Tennessee and that he should be required to pay costs and expenses. Burlison filed an answer and admitted his actions in Tennessee but said there were extenuating circumstances pertaining to the factual basis of the suspension “due to medical cost and incapacity.” The Supreme Court of Tennessee’s Order of Enforcement, which is attached to the Bar’s complaint, constitutes conclusive evidence of the guilt of the offense or unprofessional conduct pursuant to Rule 13. The sanction imposed in this State generally mirrors the sanction imposed in the sister state, absent extraordinary circumstances which compel, justify or support variance from the foreign jurisdiction’s sanction. Burlison has offered no extraordinary circumstances which compel, justify or support variance from Tennessee’s sanction. Therefore, Burlison shall be suspended for three months from the practice of law in the State of Mississippi. |
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