marshall-2673-5-sc-order-suspended.pdf (2018)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
03/22/2018
IN RE: JAMES DANIEL MARSHALL, BPR #025541
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
_________________________
No. M2018-00504-SC-BAR-BP
BOPR No. 2017-2673-5-AW
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against James
Daniel Marshall on January 19, 2017; upon Mr. Marshallâs Answer to the Petition for
Discipline filed March 17, 2017; upon a Supplemental Petition for Discipline filed on
August 17, 2017; upon Mr. Marshallâs Answer to the Supplemental Petition for
Discipline filed on September 29, 2017; upon the Second Supplemental Petition for
Discipline filed on October 23, 2017; upon Mr. Marshallâs Answer to the Second
Supplemental Petition for Discipline filed on November 20, 2017; upon a Conditional
Guilty Plea filed by Mr. Marshall on February 5, 2018; upon an Order Recommending
Approval of Conditional Guilty Plea entered February 6, 2018; upon service of the Order
Recommending Approval of Conditional Guilty Plea on Mr. Marshall by the Executive
Secretary of the Board on February 7, 2018; upon consideration and approval by the
Board on March 9, 2018; and upon the entire record in this cause.
From all of which the Court accepts the recommendation of the Hearing Panel and
adopts the Order Recommending Approval of Conditional Guilty Plea as the Courtâs
Order.
IT IS, THEREFORE, CONSIDERED,
DECREED BY THE COURT THAT:
ORDERED,
ADJUDGED
AND
(1)
Pursuant to Tenn. Sup. Ct. R. 9, § 12.4, James Daniel Marshall is hereby
suspended for two (2) years with thirty (30) days to be served as an active suspension and
the remainder served on probation subject to the following conditions:
(a) Mr. Marshall shall continue to receive appropriate counseling as recommended
by Tennessee Lawyers Assistance Program;
(b) Mr. Marshall shall provide his Counselor with a release/waiver to fully discuss
the diagnosis, treatment and prognosis with Tennessee Lawyers Assistance
Program;
(c) Mr. Marshall shall not incur any new complaint of misconduct that relates to
conduct occurring during the period of suspension and probation which results
in a recommendation by the Board that discipline be imposed; and
(d) A Practice Monitor shall be appointed, pursuant to the procedure set forth in
Tenn. Sup. Ct. R. 9, §12.9, who shall meet face to face with Mr. Marshall at
least monthly and submit monthly reports to the Board addressing his office
management practices and any deficiencies related to reasonable, timely and
meaningful communications with clients and the timely preparation and filing
of pleadings.
(2)
Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Marshall shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $1,613.32, 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.
(3)
The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 28.11.
(4)
Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
PER CURIAM
2