drake-2587-5-sc-order.pdf (2017)
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04/28/2017
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: JOHN MARTIN DRAKE, BPR No. 30532
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
_________________________
No. M2017-00816-SC-BAR-BP
BOPR No. 2016-2587-5-AW
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against John
Martin Drake on May 25, 2016; upon the Order Granting Motion for Default entered
November 3, 2016; upon the Findings of Fact, Conclusions of Law and Judgment of the
Hearing Panel entered January 9, 2017; upon service of the Findings of Fact, Conclusions
of Law and Judgment on Mr. Drake by the Executive Secretary of the Board on January
10, 2017; upon the Boardâs Application for Assessment of Costs filed January 11, 2017;
upon the Hearing Panelâs Findings and Judgment for Assessment of Costs entered
February 2, 2017; upon service of the Hearing Panelâs Finding and Judgment for
Assessment of Costs upon Mr. Drake by the Executive Secretary of the Board on
February 3, 2017; upon consideration and approval by the Board on March 10, 2017;
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 Judgment of the Hearing Panel and
adopts the Hearing Panelâs Findings of Fact, Conclusions of Law and Judgment as the
Courtâs Order.
On August 19, 2015, Mr. Drake was summarily suspended by this Court pursuant
to Tenn. Sup. Ct. R. 21, § 7.03 (Case No. ADM2015-00050) for failure to comply with
the rule for mandatory continuing legal education. To date, Mr. Drake has neither
requested nor been granted reinstatement.
On February 16, 2016, Mr. Drake was temporarily suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9, § 12.3 (Case No. M2016-00306-SC-BAR-BP) for failure
to respond to the Board concerning a complaint of misconduct. To date, Mr. Drake has
neither requested nor been granted reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) John Martin Drake is suspended from the practice of law for two (2) years,
pursuant to Tenn. Sup. Ct. R. 9, § 12.2, and shall contact the Tennessee Lawyers
Assistance Program (TLAP) for evaluation and compliance with any monitoring
agreement recommended by TLAP.
(2) Prior to seeking reinstatement, Mr. Drake must have contacted TLAP and
successfully complied with any recommended monitoring agreement; met all CLE
requirements; 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 remitted all court costs and Board costs in this matter.
(3) Mr. Drake 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.
(4) Further, the Order of Temporary Suspension (Case No. M2016-00306-SC-
BAR-BP) entered February 16, 2016, is hereby dissolved. The Order of Summary
Suspension (Case No. ADM2015-00050) remains in effect pending further order of this
Court.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Drake shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$969.46 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.
(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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