percival-3073-order-of-enforcement-5-7-21.pdf (2021)
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05/27/2021
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
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. 2020-3073-7-JM
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Sherry
Marie Percival on February 24, 2020; upon the filing of Ms. Percivalâs Answer on April
29, 2020; upon the filing of Ms. Percivalâs Conditional Guilty Plea on March 5, 2021; upon
the Hearing Panel entering its Order Recommending Conditional Guilty Plea on March 9,
2021; upon the Executive Secretary of the Board forwarding a copy of the Order
Recommending Approval of Conditional Guilty Plea to Ms. Percival on March 9, 2021;
and upon the Board of Professional Responsibilityâs consideration and approval of the
Order of the Hearing Panel on April 9, 2021; 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.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED
BY THE COURT THAT:
(1) Ms. Percival is suspended from the practice of law for five (5) years with six
(6) months served as an active suspension, pursuant to Tenn. Sup. Ct. R. 9, §
12.2, and the remainder shall be served on probation, the grant of which is
conditioned upon the following:
(i) Ms. Percival shall contact the Tennessee Lawyers Assistance
Program (TLAP) within 10 days of the entry of the Order of
Enforcement for an evaluation and shall comply with the terms
and conditions of any monitoring agreement recommended by
TLAP. In the event a monitoring agreement is recommended,
Ms. Percival shall execute an appropriate waiver providing
TLAP permission to communicate with the Board as needed.
(ii) Ms. Percival, at her cost, if any, 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). The Practice
Monitor shall meet face to face (remotely) with Ms. Percival 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 Disciplinary
Counsel.
(iii) Ms. Percival shall engage the services of a Certified Public
Accountant to reconcile her trust account at least quarterly
during her period of probation.
(iv) Ms. Percival shall attend one of the next two (2) Trust
Account Workshops scheduled by the Board.
(v) Ms. Percival shall pay the Board costs and the Court costs to
be eligible for probation.
(3) Prior to seeking reinstatement, Ms. Percival must have met 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) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Ms. Percival shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the
amount of $558.00 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. Ms. Percival shall pay the Board costs and
the Court costs to be eligible for probation.
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(5) During the period of active suspension and probation, Ms. Percival shall incur
no new complaints of misconduct that relate to conduct occurring during the
period of suspension and probation that results in a recommendation by the
Board that discipline be imposed.
(6) Additionally, Ms. Percival 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.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
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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