Board of Professional Responsibility of the Supreme Court of Tennessee

boykin-2739-order.pdf (2018)

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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE

06/19/2018

IN RE: JAMAAL L. BOYKIN, BPR #031037
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
_________________________
No. M2018-01083-SC-BAR-BP
BOPR No. 2017-2739-5-WM
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Jamaal
L. Boykin on June 30, 2017; upon the Amended Answer to Petition for Discipline filed
by Mr. Boykin on August 22, 2017; upon a Supplemental Petition for Discipline filed on
December 14, 2017; upon the Answer to [Supplemental] Petition for Discipline filed by
Mr. Boykin on January 3, 2018; upon entry of a Conditional Guilty Plea filed by Mr.
Boykin on April 9, 2018; upon an Order Recommending Approval of Conditional Guilty
Plea entered on April 9, 2018; upon consideration and approval by the Board on June 8,
2018; 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 Order Recommending Approval of Conditional Guilty Plea as the
Court’s Order.
IT IS, THEREFORE, CONSIDERED,
DECREED BY THE COURT THAT:

ORDERED,

ADJUDGED

AND

(1)
Jamaal L. Boykin is suspended for two (2) years with six (6) months to be
served as an active suspension, pursuant to Tenn. Sup. Ct. R. 9, § 12.2, and the remainder
to be served on probation, pursuant to Tenn. Sup. Ct. R. 9, § 14.1, subject to the
following conditions of probation:
(a)

Mr. Boykin shall engage a practice monitor for the entire period of
probation who shall be selected and approved in accordance with Tenn.
Sup. Ct. R. 9, § 12.9(c). Mr. Boykin shall provide a list of potential
practice monitors for selection by the Board within fifteen (15) days of
entry of this order.

(b)

The Practice Monitor shall meet with Mr. Boykin monthly and assess
Mr. Boykin’s case load, timeliness of performing tasks, adequacy of
communication with clients and compliance with proper trust
accounting procedures and provide a monthly written report of Mr.
Boykin’s progress to Disciplinary Counsel.

(c)

Mr. Boykin shall contact the Tennessee Lawyers Assistance Program
(TLAP) for evaluation. If TLAP determines that a monitoring
agreement is appropriate, Mr. Boykin shall comply with the terms and
conditions of the TLAP monitoring agreement. Mr. Boykin shall give
TLAP permission to communicate with the Board regarding any
monitoring agreement. TLAP has been consulted and accepted
involvement in the matter.

(d)

Mr. Boykin shall obtain one (1) hour of continuing legal education on
the subject of trust accounting procedures and provide proof of its
completion to Disciplinary Counsel.

(e)

Mr. Boykin shall pay restitution to Carrie Miller in the amount of
$1,100.00, representing the fee she paid on behalf of Victor Powell. In
the event the ordered restitution is paid by the Tennessee Lawyers Fund
for Client Protection (TLFCP), Mr. Boykin shall reimburse TLFCP the
amount so paid.

(f)

During the period of suspension and probation, Mr. Boykin shall incur
no new complaints of misconduct that relate to conduct occurring
during the period of suspension and probation and which results in the
recommendation by the Board that discipline be imposed.

(2)
In the event Mr. Boykin fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2.
(3)
Prior to seeking reinstatement, Mr. Boykin 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. Boykin shall comply in all aspects with Tenn. Sup. Ct. R.
9, §§ 28 and 30.4, regarding the obligations and responsibilities of suspended attorneys
and the procedure for reinstatement.
(5)

Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon

entry.
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(6)
Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Boykin shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $1,208.31 and shall pay to the Clerk of this Court the costs incurred herein, within
ninety (90) days of the 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
ROGER A. PAGE, J., not participating.

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