John Arnold Fitzgerald of Dayton was suspended Monday from the practice of law by order of the Tennessee Supreme Court for four years.
The suspension was made retroactive to Mr. Fitzgerald’s temporary suspension entered Sept. 10, 2014, and was effective immediately upon entry. Mr. Fitzgerald must pay the Board’s costs and expenses and the court costs within 90 days of the entry of the order of enforcement.
The Board of Professional Responsibility filed a petition for discipline and a supplemental petition for discipline against Mr. Fitzgerald based upon three complaints of misconduct alleging he improperly used his trust account for personal and business purposes, failed to properly handle and protect client and third-party funds provided to him, failed to account for client and third-party funds and failed to comply with a final court order.
Mr. Fitzgerald’s actions violated Rules of Professional Conduct 1.15 (safekeeping property and funds); 3.4(c) (fairness to opposing party and counsel); and 8.4(a) and (d) (misconduct).
Mr. Fitzgerald must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and 30, regarding the obligations and responsibilities of suspended attorneys.