cain-2472.pdf (2016)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: LEROY CAIN,JR., BPR #006510
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
FILED
No. M2016-01471-SC-BAR-BP JUL 2 7 2016
BOPR No. 2015-2472-5-AJ Clerk of tne Courts
Reed By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Leroy
Cain, Jr., on August 4, 2015; upon Motion for Default and that the Allegations Contained
in Petition for Discipline be Deemed Admitted filed on December 7, 2015; upon Order
for Default entered on December 21, 2015; upon the Judgment of the Hearing Panel
entered on March 29, 2016; upon service of the Judgment on Mr. Cain by the Executive
Secretary of the Board on March 30, 2016; upon Judgment on Board of Professional
Responsibility's Application for Assessment of Costs entered on May 17, 2016; upon
service of the Judgment on Board of Professional Responsibility's Application for
Assessment of Costs on Mr. Cain by the Executive Secretary of the Board on May 17,
2016; upon consideration and approval by the Board on June 10, 2016; upon expiration
of the appeal period with no appeal taken; and upon the entire record in this cause.
From all of which the Court approves the Order of the Hearing Panel and adopts
the Hearing Panel's Judgment as the Court's Order.
On January 28, 2015, Mr. Cain was suspended from the practice of law for one(1)
year and one (1) day by this Court pursuant to Tenn. Sup. Ct. R. 9, § 4.2 (2006).(Case
No. M2015-00119-SC-BPR-BP). To date, Mr. Cain has not requested, nor been granted,
reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Leroy Cain, Jr., is disbarred from the practice of law pursuant to Tenn. Sup.
Ct. R. 9, § 12.1.
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, Mr. Cain shall be required to make
restitution to Ted Cain in the amount of $7,050.00. Payment of restitution is a condition
precedent to reinstatement. In the event restitution is made by the Tennessee Lawyer's
Fund for Client Protection ("TLFCP"), Mr. Cain will be responsible for reimbursement to
the TLFCP ofthe same amount.
(3) Prior to seeking reinstatement, Mr. Cain must meet all CLE requirements;
have remitted all outstanding registration fees and outstanding professional privilege
taxes, including those due from the date of this suspension until the date of reinstatement;
and have remitted all court costs and Board costs in this matter.
(4) Additionally, Mr. Cain shall comply in all aspects with Tenn. Sup. Ct. R. 9,
§§ 28 and 30.4, regarding the obligations and responsibilities of disbarred attorneys and
the procedure for reinstatement.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Cain shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$546.98 and shall pay to the Clerk of this Court the costs incurred herein, within ninety
(90) days ofthe entry of this Order, for all of which execution may issue if necessary.
(7) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 28.11.
PER CURIAM
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