mott-2706-5-sc-order.pdf (2017)
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12/27/2017
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: GEORGE AVERY MOTT, BPR #025039
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
_________________________
No. M2017-02453-SC-BAR-BP
BOPR No. 2017-2706-5-AJ
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against
Attorney George Avery Mott on April 21, 2017; upon an Answer to Petition for
Discipline filed by Mr. Mott on May 25, 2017; upon a Conditional Guilty Plea filed by
Mr. Mott on November 20, 2017; upon an Order Recommending Approval of
Conditional Guilty Plea entered on November 28, 2017; upon consideration and approval
by the Board on December 8, 2017; 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.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED
BY THE COURT THAT:
(1) Pursuant to Tenn. Sup. Ct. R. 9, § 12.2, George Avery Mott is suspended
from the practice of law for one (1) year, consisting of thirty (30) days active suspension
and the remainder on probation pursuant to Tenn. Sup. Ct. R. 9 §14, subject to the
following conditions:
(a) Mr. Mott shall engage a practice monitor at his own expense who shall
meet with Mr. Mott on a monthly basis to review basic office
procedures such as the scheduling and maintenance of case deadlines
and the use of written communication and fee agreements.
(b) The practice monitor shall send monthly reports of these meetings to the
Board.
(c) Mr. Mott shall select three (3) potential practice monitors and submit
names to the Board for final approval within fifteen (15) days of the
entry of the Order of Enforcement.
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, Mr. Mott shall be required to make
restitution to the following individuals no later than six (6) months from entry of the
Supreme Courtâs Order of Enforcement. In the event restitution is made by the Tennessee
Lawyerâs Fund for Client Protection (âTLFCPâ), Mr. Mott will be responsible for
reimbursement to the TLFCP of the same amount:
a) Jerry Compton - $679.00
b) Tejwanti & Clyde Cain - $749.00
c) George Lee, III - $300.00
d) Joyce Ann Smith - $300.00
e) Madonna Elmore - $600.00
(3) During the period of active suspension and probation, Mr. Mott shall incur
no new complaints of misconduct that relate to conduct occurring during the period of
suspension and probation that results in the recommendation by the Board that discipline
be imposed.
(4) In the event Mr. Mott fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2, and upon a finding that
revocation is warranted, Mr. Mott shall serve the previously deferred period of
suspension.
(5) Mr. Mott 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.
(6) Mr. Mott 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.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective
immediately.
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(8) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3, Mr. Mott shall pay to the Board of
Professional Responsibility the expenses and costs of this matter in the amount of
$337.89, 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.
(9) 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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