gray-2743-2-sc-order.pdf (2017)
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12/28/2017
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: DONALD BRENT GRAY, BPR #27263
An Attorney Licensed to Practice Law in Tennessee
(Campbell County)
_________________________
No. M2017-02513-SC-BAR-BP
BOPR No. 2017-2743-2-WM
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Donald
Brent Gray on July 12, 2017; upon the Answer to Petition for Discipline filed by Mr.
Gray on October 13, 2017; upon entry of a Conditional Guilty Plea filed by Mr. Gray on
December 6, 2017; upon an Order Recommending Approval of Conditional Guilty Plea
entered on December 7, 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 Recommending Approval of Conditional Guilty Plea as the
Courtâs Order.
On March 10, 2017, Mr. Gray was temporarily suspended by this Court pursuant
to Tenn. Sup. Ct. R. 9, § 12.3 (Case No. M2017-00456-SC-BAR-BP). To date, Mr. Gray
has not requested, nor been granted reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Donald Brent Gray is suspended for two (2) years, retroactive to March 10,
2017, with one (1) year to be served as an active suspension, pursuant to Tenn. Sup. Ct.
R. 9, § 12.2, and the remainder to be served on probation, pursuant to Tenn. Sup. Ct. R. 9,
§ 14.1, subject to the following conditions of probation:
(a) Mr. Gray shall engage a practice monitor for the entire period of
probation who shall be selected and approved in accordance with
Tenn. Sup. Ct. R. 9, § 12.9(c). Mr. Gray shall provide a list of
potential practice monitors for selection by the Board within fifteen
(15) days of entry of this order.
(b) The Practice Monitor shall meet with Mr. Gray monthly and assess
Mr. Grayâs case load, case management, timeliness of performing
tasks, adequacy of communication with clients and trust accounting
procedures and provide a monthly written report of Mr. Grayâs
progress to Disciplinary Counsel.
(c) No later than thirty (30) days after the execution of the Conditional
Guilty Plea, Mr. Gray shall contact the Tennessee Lawyers
Assistance Program (TLAP) for evaluation. If TLAP determines
that a monitoring agreement is appropriate, Mr. Gray shall comply
with the terms and conditions of the TLAP monitoring agreement.
Mr. Gray shall give TLAP permission to communicate with the
Board regarding any monitoring agreement.
(d) Mr. Gray shall make restitution to Sydney Dilbeck in the amount of
$800 and to Derek Gibbs in the amount of $750. In the event the
ordered restitution is paid by the Tennessee Lawyers Fund for Client
Protection (TLFCP), Mr. Gray shall reimburse TLFCP the amount
so paid.
(e) During the period of suspension and probation, Mr. Gray shall incur
no new complaints of misconduct that relate to conduct occurring
during the period of suspension and probation and which results in
the recommendation by the Board that discipline be imposed.
(2) In the event Mr. Gray fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2.
(3) Prior to seeking reinstatement, Mr. Gray 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.
(4) Additionally, Mr. Gray 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.
(5) Further, the Order of Temporary Suspension entered on March 10, 2017, in
Case No. M2017-00456-SC-BAR-BP is hereby dissolved.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
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(7) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Gray shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$1,060.57 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.
(8) 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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