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
RE: JAMES RICHARD MCFALL, JR. BPR #13882
CONTACT: JESSE D. JOSEPH
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
April 26, 2006
MEMPHIS LAWYER SUSPENDED
On April 21, 2006, the Tennessee Supreme Court entered an Order suspending
the law license of James Richard McFall, Jr., for five (5) years retroactive to November
21, 2000 - - the date McFall was granted disability inactive status by the Court in a prior
order.
Since 2000, McFall has demonstrated to the Boardâs satisfaction that he has
complied fully with his contract for peer assistance entered into with the Tennessee
Lawyersâ Assistance Program (âTLAPâ), and that his disability has been removed
according to his treating physicians.
McFall submitted a conditional guilty plea to a petition for discipline filed against
him in return for a 5 year suspension, wherein he admitted seriously neglecting many
divorce and other general civil legal matters entrusted to him by clients, failing to
adequately communicate with and providing false information to many of his clients
regarding the status of their legal matters, receiving and taking dominion and control
over unearned attorney fees and unexpended costs due clients and other third parties,
and failing in the past to comply with a 1999 order temporarily suspending his law
license and with the Tennessee Supreme Courtâs rules regarding the obligations of
suspended attorneys.
McFall is not automatically reinstated to the practice of law upon entry of the
Supreme Courtâs April 21, 2006 Order, but is required to file a separate petition for
reinstatement and comply with the provisions of Tennessee Supreme Court Rule 9,
Section 19, if he desires to request reinstatement. He is also required as a condition
precedent to any reinstatement of his law license to provide evidence of having
reimbursed the Tennessee Lawyersâ Fund for Client Protection (âTLFCPâ) the amounts
of any and all claims paid by the TLFCP to any of his former clients who are
complainants in the petition for discipline, and any further amounts he is adjudged to
pay by the appropriate reinstatement committee which represents unearned fees and
unexpended costs he previously received while his law license was active and in good
standing. McFall is also required to continue to comply with his TLAP contract for peer
assistance, and to pay the Boardâs costs in this matter.
This disciplinary matter was conducted in accordance with Tennessee Supreme
Court Rules 8 and 9. Pursuant to Supreme Court Rule 9, Section 19, McFall is eligible
to immediately file a petition for reinstatement but he must carry the burden of proof by
clear and convincing evidence that his reinstatement will not be detrimental to the
integrity and standing of the bar or to the administration of justice, or be subversive to
the public interest.
McFall 1162 – 1200-9 rel.doc
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