percival-3211-order-of-reinstatement-11-24-21.pdf (2021)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
11/24/2021
IN RE: SHERRY MARIE PERCIVAL, BPR No. 018840
An Attorney Licensed to Practice Law in Tennessee
(Madison County)
______________________________
No. M2021-00571-SC-BAR-BP
BOPR No. 2021-3211-7-AW-30.4(c)
______________________________
ORDER OF REINSTATEMENT
This matter is before the Court, pursuant to Tenn. Sup. Ct. R. 9, § 30.4(c), upon a
Petition for Reinstatement of License to Practice Law filed on September 23, 2021, by the
Petitioner, Sherry Marie Percival. Ms. Percival was suspended from the practice of law by
Order of this Court on May 27, 2021, for a period of five (5) years with six (6) months
served as an active suspension pursuant to Tenn. Sup. Ct. R. 9, § 12.2, and the remainder
served on probation. A Notice of Submission was filed by the Chief Disciplinary Counsel
indicating that the petition is satisfactory to the Board, that Ms. Percival has satisfied all
conditions set forth in the Order imposing discipline, and that she is eligible for
reinstatement effective November 27, 2021, subject to the continuing terms and conditions
of her probation.
From all of which the Court grants the Petition for Reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED
BY THE COURT:
1.
The Petitioner, Sherry Marie Percival, is hereby reinstated to the practice of
law in the State of Tennessee effective November 27, 2021, pursuant to Tenn. Sup. Ct. R.
9, § 30.4(c) and subject to the continuing terms and conditions of her probation.
2.
Ms. Percival shall pay to the Clerk of this Court the costs incurred herein
within ninety (90) days of the entry of this Order, for which execution may issue if
necessary.
3.
As a condition of reinstatement and probation, Ms. Percival shall engage the
services of a Practice Monitor and a Certified Public Accountant (CPA), shall remain in
compliance with the terms and conditions of her monitoring agreement with Tennessee
Lawyers Assistance Program (TLAP), and shall attend the Trust Account Workshop
offered by the Board.
4.
Within thirty (30) days of the entry of this Order of Reinstatement, Ms.
Percival, at her cost, shall have engaged the services of a Practice Monitor selected and
approved in accordance with Tenn. Sup. Ct. R. 9, § 12.9(c). Ms. Percival shall meet face
to face (remotely) with the Practice Monitor at least once per month and by phone at least
once per week during the first year of probation. Thereafter, Ms. Percival shall meet with
the Practice Monitor by phone at least once per month and otherwise as the Practice
Monitor requires. The Practice Monitor shall review Ms. Percivalâs trust account and assess
her compliance with best practices for reconciliation and balancing her clientsâ individual
accounts. The Practice Monitor shall also review and assess Ms. Percivalâs case load, case
management, timeliness of professional obligations, adequacy of communication with
clients and general office procedures and management practices to ensure compliance with
ethical obligations. The Practice Monitor shall provide a monthly written report of Ms.
Percivalâs progress to the Board of Professional Responsibility.
5.
Within thirty (30) days of the entry of this Order of Reinstatement, Ms.
Percival, at her cost, shall have engaged the services of a CPA to reconcile her trust account
at least quarterly.
6.
In the event Ms. Percival fails to meet any condition of reinstatement or
probation as set forth herein or in the Order of Enforcement entered May 27, 2021,
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2.
7.
The Board of Professional Responsibility shall cause notice of this
reinstatement to be published as required by Tenn. Sup. Ct. R. 9, § 28.11.
PER CURIAM