BOARD OF PROFESSIONAL RESPONSIBILITY (2006)
Archived Content: This document is formally archived for historical reference. The original PDF remains the official record for legal purposes.
Need help? Please use the Assistance Request Form below.
Original PDF Document
Download Official Record (talley-1265-9-rel632675885574457786.pdf)
Alternative Accessible HTML
Accessible Alternative: This HTML version is an automatically processed accessible alternative. While it provides a searchable format, the text extraction may contain formatting or character errors. The original PDF remains the authoritative official record.
Need a different format? Use the Request Assistance Form.
BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
1101 KERMIT DRIVE, SUITE 730
NASHVILLE, TENNESSEE 37217
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: MARK D. TALLEY, BPR #011152
CONTACT: LAURA L. CHASTAIN
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
November 14, 2005
MEMPHIS ATTORNEY SUSPENDED FROM PRACTICE OF LAW
Mark D. Talley, a Memphis, Tennessee attorney, was suspended from the practice
of law by the Tennessee Supreme Court for a period of five (5) years plus an indefinite
suspension (until full restitution is made) with all time suspended except for six months (180
days) beginning January 1, 2006, with all remaining time to be served on probation.
Talley submitted a Conditional Guilty Plea in exchange for a stated form of
discipline. Talley admitted his guilt of allowing his client to use Talleyâs capacity as a lawyer
and escrow agent to provide credibility to an investment scheme which unknown to Talley would
ultimately defraud investors.
The suspension order specifies that Talley shall make monthly payments to Mr.
and Mrs. Michael Thornton in an amount equal to ten percent (10%) of his gross income from all
sources until restitution in the amount of $170,000 is paid in full. The suspension order further
specified that Talley shall execute a note in the amount of $170,000 to be repaid in monthly
payments equal to ten percent (10%) of his gross income from all sources to Mr. and Mrs.
Michael Thornton. Talley agreed to furnish attorney Kemper Durand his financial records
quarterly for the purpose of monitoring compliance with his probation conditions and agreed that
attorney Kemper Durand should notify Disciplinary Counsel in the event that he is out of
compliance.
The suspension also ordered that Talleyâs failure to comply with any condition of
probation shall constitute grounds for summary suspension and revocation of probation.
Section 18 of Tennessee Supreme Court Rule 9 requires Talley to notify by
registered or certified mail all clients being represented in pending matters; all co-counsel and
opposing counsel of the Supreme Courtâs Order suspending him. Section 18 also requires Talley
to deliver to all clients any paper or property to which they are entitled. This
suspension/probation shall remain in effect until the expiration of five (5) years of compliance
with the conditions of probation and complete restitution in the amount of $170,000 having been
paid to Mr. and Mrs. Thornton, and the cost of the disciplinary proceeding having been paid to
the Board of Professional Responsibility and until an Order is entered by the Tennessee Supreme
Court reinstating Talley to the practice of law.
Talley 1265-9 rel.doc
PLEASE NOTE
YOU MAY SUBSCRIBE TO RECEIVE INFORMATIONAL RELEASES,
FORMAL ETHICS OPINIONS, NEWSLETTERS AND ANNUAL REPORTS
ELECTRONICALLY BY SIGNING IN AT THE BOARDâS WEBSITE
www. tbpr.org/Subscriptions