BOARD OF PROFESSIONAL RESPONSIBILITY (2006)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
1101 KERMIT DRIVE, SUITE 730
NASHVILLE, TENNESSEE 37217
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
MICHAEL E. GILMER, BPR 12974
CONTACT: SANDY GARRETT
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
April 25, 2006
LAW LICENSE OF COLUMBIA ATTORNEY SUSPENDED
On April 21, 2006, the Supreme Court of Tennessee entered an order suspending
the law license of Michael E. Gilmer for a period of five (5) years.
Mr. Gilmer abandoned his law practice without notice to his clients, made
misrepresentations to clients about their cases and failed to finish clientsâ cases. He failed to
adequately communicate with clients, failed to return client files and failed to response to
complaints filed with the Board of Professional Responsibility. He failed to respond to the
Board of Professional Responsibility regarding the disciplinary charges filed against him. As a
result of his failure to respond, his law license was temporarily suspended on January 13, 2005.
Disciplinary Counsel filed a Petition for Discipline and Supplemental Petition for
Discipline against the Respondent pursuant to Rule 9, Rules of the Supreme Court of Tennessee.
Mr. Gilmer filed no answers to the Petitions nor did he appear at the hearing in the matter. A
Hearing Panel of the Board of Professional Responsibility recommended a five (5) year
suspension finding the following existing aggravating circumstances: specific and significant
harm to the profession; multiple complaining parties and clients and monetary loss to these
clients. Mr. Gilmer did not appeal the Hearing Panelâs Findings and Judgment.
Section 18 of Tennessee Supreme Court Rule 9 requires Mr. Gilmer 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 suspending his license. Section 18 also requires
Mr. Gilmer 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.
Tennessee suspended lawyers may, after the passage of their suspension, apply for reinstatement
of their law licenses. To succeed with a reinstatement, 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.
Additionally, the Hearing Panel in Mr. Gilmerâs case found that any future Hearing Panel
reviewing Mr. Gilmerâs reinstatement should consider:
(A) Mr. Gilmerâs restitution as determined by court or other appropriate agency; and
(B) Mr. Gilmerâs proof of maintaining his continuing legal education; and
(C) Mr. Gilmerâs proof of payment of his annual dues; and
(D) Mr. Gilmerâs proof of his medical and/or mental health examination showing that
Mr. Gilmer is physically and emotionally fit to practice law; and
(E) Mr. Gilmerâs supervision by a practice monitor.
Gilmer 1501-6 rel.doc
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