mccormack-2685-9-sc-order.pdf (2018)
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10/05/2018
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: CLAY M. McCORMACK, BPR #015559
An Attorney Licensed to Practice Law in Tennessee
(Shelby County)
_________________________
No. M2017-02457-SC-BAR-BP
BOPR No. 2017-2685-9-WM
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Clay M.
McCormack on February 17, 2017; upon Answer to Petition for Discipline filed by Mr.
McCormack on April 3, 2017; upon entry of a Conditional Guilty Plea filed by Mr.
McCormack on August 14, 2018; upon an Order Recommending Approval of
Conditional Guilty Plea entered on August 27, 2018; upon consideration and approval by
the Board on September 14, 2018; and upon the entire record in this cause.1
From all of which the Court approves the Order of the Hearing Panel and adopts
the Hearing Panelâs Order Recommending Approval of Conditional Guilty Plea as the
Courtâs Order.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Clay M. McCormack is suspended for five (5) years with one (1) year to be
served as active suspension, pursuant to Tenn. Sup. Ct. R. 9, § 4.2, and the remaining
four (4) years to be served on probation, pursuant to Tenn. Sup. Ct. R. 9, § 8.5, subject to
the following conditions:
(a) Mr. McCormack, at his cost, shall engage the services of a Practice Monitor
who shall be selected and approved in accordance with Tenn. Sup. Ct. R. 9,
§ 12.9(c) (2014). The Practice Monitor shall meet with Mr. McCormack
quarterly during the first two years of probation to supervise Mr.
McCormackâs compliance with trust account rules and accounting
procedures and provide a written report to Disciplinary Counsel each
quarter.
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Because this matter was initiated prior to January 1, 2014, it is governed Tenn. Sup. Ct. R. 9 (2006) except as otherwise
noted.
(b) Mr. McCormack shall not, during the period of probation, incur any new
complaints of misconduct that relate to conduct occurring during the period
of probation and result in a recommendation by the Board that discipline be
imposed. In the event that Mr. McCormack violates or otherwise fails to
meet said condition of probation, Disciplinary Counsel shall be authorized
to file a petition to revoke Mr. McCormackâs probation, and upon a finding
that revocation is warranted, Mr. McCormack shall serve the previously
deferred period of suspension.
(2) In the event Mr. McCormack fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2 (2014).
(3) Prior to seeking reinstatement, Mr. McCormack must have met 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. McCormack shall comply in all aspects with Tenn. Sup.
Ct. R. 9, §§ 18 (2006), and 30.4 (2014), regarding the obligations and responsibilities of
suspended attorneys and the procedure for reinstatement.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 18.5, this Order shall be effective ten
(10) days after the date of entry.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 24.3, Mr. McCormack shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $2,471.98, and shall pay to the Clerk of this Court the costs incurred herein, prior to
filing a petition for reinstatement or within ninety (90) days from the entry of this order,
whichever is earliest, 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, § 18.10.
PER CURIAM
ROGER A. PAGE, J., not participating.
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