clement-2160-bopr635399956154801958.pdf (2014)
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BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
10 CADILLAC DRIVE, SUITE 220
BRENTWOOD, TENNESSEE 37027
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethlc5@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: MARY JEANETTE CLEMENT, BPR #22464
CONTACT: A. RUSSELL WILLIS
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361â7500
July 3, 2014
SUMNER COUNTY LAWYER SUSPENDED
On June 30, 2014, Mary Jeanette Clement, of Portland, Tennessee, was suspended from the practice of
law by Order of the Tennessee Supreme Court for a period of two (2) years with nine (9) months of the
suspension to be served as an active suspension and ï¬fteen (15) months probated with conditions. In addition,
Ms, Clement must pay court costs and the Boardâs costs and expenses.
The Board ï¬led a Petition for Discipline against Ms. Clement based on four (4) complaints of
misconduct. In the ï¬rst matter, Ms. Clement knowingly hired a suspended Tennessee attorney in July, 2010
and allowed him to draft legal pleadings for her review, signature and ï¬ling in a Chancery Court action. In the
second matter, Ms. Clement, after being retained by an insurance company to defend the suspended attorney,
allowed the suspended attorney to work on his personal case and billed the insurance company for the work
performed by the suspended attorney. In the third matter, Ms. Clement negotiated a plea for her client but
failed to include the agreed restitution in the mitten plea agreement. Ms. Clement declined attempts by her
client to correct the plea and failed to appear in court on her clientâs behalf. Ms. Clementâs actions resulted in a
Bench Warrant being issued for the client and further delayed his release from jail after serving his sentence. In
the ï¬nal matter, Ms. Clement quoted and received a ï¬at fee for representation of her client. After incurring
more time than she previously anticipated, Ms. Clement billed her client for fees in excess of the ï¬at fee
agreement.
Ms. Clementâs conduct violated RPC l.l, Competence; 1.3, Diligence; 1.4, Communication; 1.5, Fees;
5.3, Responsibilities Regarding Nonulawyer Assistants; 5.5, Unauthorized Practice of Law and 8.4(a),
Misconduct.
Ms. Clement must comply with the requirements of Tennessee Supreme Court Rule 9, Section 18 (2006)
and Section 30.4 (2014) regarding the obligations and responsibilities of suspended attorneys.
Clement 2160â6 rel.doc
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: MARY JEANETTE CLEMENT, BPR #22464
An Attorney Licensed to Practice Law in Tennessee
(Sumner County)
FILED
No. M2014â01233âSC-BARâBP JUN 3 0 2014
BOPR No. 2012-2160-6-KH meâ, of the Courts
Hec'd By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline ï¬led against Mary
Jeanette Clement on September 14, 2012; upon the Response to Petition for Discipline
ï¬led by Ms. Clement on October 17, 2012; upon the entry of a Conditional Guilty Plea
ï¬led by Ms. Clement on May 6, 2014; upon an Order Recommending Approval of
Conditional Guilty Plea entered on May 9, 2014; upon consideration and approval of the
Plea by the Board on June 14, 2014; 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 Recommending Approval of Conditional Guilty Plea as the
Courtâs Order.
It is, therefore, ordered, adjudged and decreed by the Court that:
(1) Pursuant to Tenn. Sup. Ct. R. 9, § 4.2 (2006), the law license of Mary Jeanette
Clement is suspended for two (2) years with nine (9) months served as an active
suspension. Pursuant to Tenn. Sup. Ct. R. 9, § 8.5 (2006), the remaining ï¬fteen
(15) months of the sugpension shall be probated subject to the following
conditions:
(a) Ms. Clement, at her-cost, shall engage the services of a Practice Monitor
who shall be selected and approved in accordance with Tenn. Sup. Ct. R. 9,
§ 12.9 (c) (2014). The Practice Monitor shall (1) assess Ms. Clementâs
billing and ofï¬ce management procedures and institute changes as needed;
(2) meet with Ms. Clement monthly to review basic ofï¬ce practices to
ensure case deadlines are being scheduled and met; (3) meet with Ms.
Clement monthly to review the timeliness and adequacy of communication
âBecause this cause was initiated prior to January 1, 2014, it is governed by Tenn. Sup. Ct. R. 9 (2006) except as otherwise
noted.
âW .
with clients; (4) mentor Ms. Clement as needed in the legal customs learned
through experience and the exercise of sound and reasoned judgment; (5)
speak with Ms. Clement by telephone at least weekly and report any
substantial or material practice problem to the Board; and (6) provide a
written report of Ms. Clementâs progress to Disciplinary Counsel for the
Board on a monthly basis; and
(b) Ms. Clement shall not, during the period of probation, incur any new
complaints of misconduct that relate to conduct occurring during the period
of suspension and probation and result in a recommendation by the Board
that discipline be imposed. In the event that Ms. Clement violates or
otherwise fails to meet said condition of probation, Disciplinary Counsel
shall be authorized to file a petition to revoke Ms. Clementâs probation, and
upon a ï¬nding that revocation is warranted, Ms. Clement shall serve the
previously deferred period of suspension.
(2) Ms. Clement shall comply in all aspects with Tenn. Sup. Ct. R. 9, § 18 (2006) and
Term. Sup. Ct. R. 9, § 30.4 (2014) regarding the obligations and responsibilities of
suspended attorneys and the procedure for reinstatement.
(3) Ms. Clement must meet all CLE requirements and all registration requirements
prior to reinstatement.
(4) Pursuant to Tenn. Sup. Ct. R. 9, § 18.5 (2006), this Order shall be effective ten
(10) days after the date of entry.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 24.3 (2006), Ms. Clement shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount
of $4,351.80 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) The Board of Professional Responsibility shall cause notice of this discipline to be
published as required by Tenn. Sup. Ct. R. 9, § 18.10 (2006).
FOR THE COURT:
Coramim. O. C126mb
CORNELIA A. CLARK, JUSTICE