Microsoft Word - ebb_71268890_550889400_44 (2019)
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BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
10 CADILLAC DRIVE, SUITE 220
BRENTWOOD, TENNESSEE 37027
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: GAIL OSTBY MATHES, BPR #004649
CONTACT: A. RUSSELL WILLIS
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
October 14, 2019
SHELBY COUNTY LAWYER SUSPENDED
On October 14, 2019, the Supreme Court of Tennessee entered an order suspending Gail Ostby Mathes
from the practice of law for a period of two (2) years, with six (6) months to be served as an active suspension,
pursuant to Tennessee Supreme Court Rule 9, Section 12.2, and the remaining eighteen (18) months served on
probation, pursuant to Tennessee Supreme Court Rule 9, Section 14.1; payment of restitution to three (3) former
clients totaling $3,700.00, and payment of costs to the Board of the disciplinary proceeding.
A Petition for Discipline consisting of seven (7) complaints was filed against Ms. Mathes by the Board.
Ms. Mathes executed a conditional guilty plea acknowledging she failed to properly supervise a legal assistant
in her office; accepted retainers but failed to provide diligent legal services to several clients; failed to
reasonably communicate with several clients about the status of their cases; failed to refund unearned retainers
after she was temporarily suspended; failed to provide documentation to the Board to substantiate her IOLTA
account overdraft notice resulting from a legal assistant utilizing the wrong bank account; and failed to respond
to the Board concerning a disciplinary complaint.
Ms. Mathesâ conduct violated Rules of Professional Conduct 1.3 (Diligence); 1.4 (Communication); 1.5
(Fees); 1.15(d) (Safekeeping Property and Funds); 1.6(a) and (d) (Declining and Terminating Representation);
5.3(a), (b), and (c) (Responsibilities Regarding Nonlawyer Assistance); 8.1(a) and (b) (Bar Admission and
Disciplinary Matters); and 8.4(a), (c), (d) and (g) (Misconduct).
Ms. Mathes must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and
30.4 regarding the obligations and responsibilities of suspended attorneys and the procedure for reinstatement.
Mathes 2793-9 rel.doc