Mask 1437-7 rel.PDF (2005)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
LANCE B. BRACY WILLIAM W. HUNT, III
CHIEF DISCIPLINARY COUNSEL 1101 KERMIT DRIVE, SUITE 730 CHARLES A. HIGH
NASHVILLE, TENNESSEE 37217 SANDY GARRETT
LAURA L. CHASTAIN TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
DEPUTY CHIEF DISCIPLINARY COUNSEL
(800) 486-5714 JAMES A. VICK
FAX: (615) 367- 2480 THERESA M. COSTONIS
BEVERLY P. SHARPE
E-MAIL: ethics@tbpr.org DISCIPLINARY COUNSEL
CONSUMER COUNSEL DIRECTOR
RELEASE OF INFORMATION
IN RE: JOHN CARLIN MASK, JR., BPR #5947
CONTACT: LAURA L. CHASTAIN
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
February 2, 2005
HARDEMAN COUNTY LAWYER DISBARRED
On February 1, 2005, the Supreme Court of Tennessee entered an Order disbarring John
Carlin Mask, Jr., from the practice of law.
Mr. Maskâs license to practice law had previously been temporarily suspended by the
Tennessee Supreme Court based upon allegations of his misappropriation of client funds, posing
a threat of irreparable harm to the public, and for lack of Continuing Legal Education
compliance. Disciplinary Counsel filed a petition for discipline pursuant to Rule 9, Rules of the
Supreme Court of Tennessee. Mr. Mask filed no answer to the petition nor did he appear at the
hearing in the matter. The Hearing Panel of the Board of Professional Responsibility concluded
that Mr. Mask engaged in misconduct; failed to act competently; failed to represent his clients
zealously; failed to represent a client within the bounds of the law; and had engaged in the
unauthorized practice of law. The Hearing Panel further found that aggravating circumstances
existed because of the length of time Mr. Mask had practiced law (twenty-six (26) years), his
prior history of unethical conduct, his dishonesty and his failure to make restitution.
Furthermore, the Hearing Panel found there were no mitigating circumstances. Neither Mr.
Mask nor the Board appealed the Hearing Panelâs Findings.
Based upon the Hearing Panelâs recommendation, the Tennessee Supreme Court ordered
that Mr. Mask be disbarred from the practice of law in the State of Tennessee and should not be
allowed to apply for reinstatement for a period of five (5) years; and that John Carlin Mask, Jr.,
should not be allowed to apply for reinstatement to the practice of law in the State of Tennessee
unless he makes full restitution to Alabama Credit Corporation d/b/a International Teachers and
Executives and/or the Tennessee Lawyers Protection Fund and files an affidavit in this cause of
action with proper documentary evidence that restitution has been made.
Section 18 of Tennessee Supreme Court Rule 9 requires Mr. Mask 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 disbarring him. Section 18 also requires Mr. Mask to
deliver to all clients any papers or property to which they are entitled.
This disciplinary matter was held pursuant to Supreme Court Rules 8 and 9. In
Tennessee disbarred lawyers may, after the passage of five years apply for reinstatement of their
law licenses. However, to succeed these lawyers must carry their burden of proof by clear and
convincing evidence that their reinstatement will not be detrimental to the integrity and standing
of the bar or the administration of justice or subversive to the public interest.
LLC:mw
Mash 1437-7 rel.doc