oreilly-3028-order-of-enforcement.pdf (2022)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
03/03/2022
IN RE: WENDELL J. OâREILLY, BPR #022217
An Attorney Licensed to Practice Law in Tennessee
(Williamson County)
______________________________
No. M2022-00198-SC-BAR-BP
BOPR No. 2019-3028-6-AJ
______________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Wendell
J. OâReilly on August 2, 2019; upon Answer to Petition filed on October 29, 2019; upon a
Supplemental Petition for Discipline filed on March 3, 2020; upon Motion for Default
Judgment and that the Charges in the Supplemental Petition for Discipline be Deemed
Admitted filed on July 15, 2020; upon an Order for Default Judgment on the Supplemental
Petition for Discipline entered August 11, 2020; upon service of the Order for Default
Judgment by the Executive Secretary of the Board on Mr. OâReilly on August 11, 2020;
upon Joint Stipulation of Facts filed on May 6, 2021; upon hearing on the Petition for
Discipline conducted on May 7, 2021; upon the Findings of Fact and Recommendations of
the Hearing Committee Panel filed on August 24, 2021; upon service of the Findings of
Fact and Recommendations of the Hearing Committee Panel by the Executive Secretary of
the Board on Mr. OâReilly on August 24, 2021; upon the Boardâs Application for
Assessment of Costs filed on August 27, 2021; upon the Hearing Panel issuing its Findings
and Judgment for Assessment of Costs on October 6, 2021; 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 Panelâs Order as the Courtâs Order.
On October 17, 2019, Mr. OâReilly was temporarily suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9, § 12.3 (Case No. M2019-01857-SC-BAR-BP) for failure
to respond to the Board of Professional Responsibility concerning a complaint of
misconduct. On August 22, 2018, Mr. OâReilly was administratively suspended from the
practice of law for failure to comply with the mandatory continuing legal education
requirements. On August 23, 2018, Mr. OâReilly was administratively suspended from the
practice of law for failure to pay the professional privilege tax. To date, Mr. OâReilly has
not requested, nor been granted, reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED
BY THE COURT THAT:
(1)
Wendell J. OâReilly is hereby permanently disbarred from the practice of law
as provided in Tenn. Sup. Ct. R. 9, § 12.1.
(2)
Mr. OâReilly shall pay restitution to Jay Ellis in the amount of $4,500.00,
and to Keith Fry in the amount of $6,600.00 pursuant to Tenn. Sup. Ct. R, § 12.7. In the
event restitution is made by the Tennessee Lawyerâs Fund for Client Protection (TLFCP),
Mr. OâReilly shall reimburse TLFCP in the same amount.
(3)
Pursuant to Tenn. Sup. Ct. R. 9, § 31.3, Mr. OâReilly shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$1,739.25. In addition, Mr. OâReilly shall pay to the Board $100.00 for the cost of filing
this matter and pay to the Clerk of this Court the costs incurred herein. All such costs and
expenses awarded herein shall be paid within ninety (90) days of the entry of this Order for
which execution, if necessary, may issue.
(4)
The Order of Temporary Suspension entered October 17, 2019, (Case No.
M2019-01857-SC-BAR-BP), is hereby dissolved. The administrative suspensions cited
above shall remain in effect until further order of this Court.
(5)
Mr. OâReilly shall comply in all aspects with Tenn. Sup. Ct. R. 9, § 28
regarding the obligations and responsibilities of disbarred attorneys. Further, the Order of
Temporary Suspension entered on October 17, 2019, Case No. M2019-001857-SC-BARBP, is hereby dissolved.
(6)
Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(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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