ca27be74-f6af-44b0-898f-7a7eae7e313f.pdf (2015)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: CLAYTON F. MAYO,BPR #14138
An Attorney Licensed to Practice Law in Tennessee
(Madison County)
No. M2015-00276-SC-BAR-BP
BOPR No. 2014-2361-7-KH
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Clayton
F. Mayo on August 28, 2014; upon Answer to Petition for Discipline filed by Mr. Mayo
on October 16, 2014; upon entry of a Conditional Guilty Plea filed by Mr. Mayo on
January 22, 2015; upon an Order Recommending Approval of Conditional Guilty Plea
entered on January 26, 2015; upon consideration and approval by the Board on January
27, 2015; 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 Panel's Order Recommending Approval of Conditional Guilty Plea as the
Court's Order.
On January 27, 2014, Mr. Mayo was temporarily suspended by this Court pursuant
to Tenn. Sup. Ct. R. 9, § 4.3 (Case No. M2014-00145-SC-BAR-BP). To date, Mr. Mayo
has not requested, nor been granted, reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Pursuant to Tenn. Sup. Ct. R. 9, § 4.2, the law license of Clayton F. Mayo
is suspended for three (3) years, pursuant to Tenn. Sup. Ct. R. 9, § 4.2(2006) and § 12.2
(2014), retroactive to January 27, 2014. Pursuant to Tenn. Sup. Ct. R. 9, § 8.5 (2006) and
§ 14 (2014), one (1) year shall be served as an active suspension and the remaining two
(2) years shall be served on probation subject to the following conditions of probation:
'The disciplinary complaints contained within the Petition for Discipline were initiated before and after January 1, 2014;
therefore, both the 2006 and 2014 versions of Tenn. Sup. Ct. Rule 9 apply.
(a) Within fifteen (15) days of the entry of an Order of Enforcement,
Mr. Mayo shall provide to the Board a list of three (3) proposed practice
monitors in accordance with Tenn. Sup. Ct. R. 9, § 12.9 (2014). After
designation by the Board of a practice monitor, Mr. Mayo shall engage the
practice monitor who shall provide a monthly report to the Board regarding
Mr. Mayo's office management procedures, client communication, and
trust account compliance.
(b) Mr. Mayo shall contact the Tennessee Lawyers Assistance Program
("TLAP")for evaluation. If TLAP determines that a monitoring agreement
is appropriate, Mr. Mayo shall comply with the terms and conditions of the
TLAP monitoring agreement.
(c) During the period of suspension and probation, Mr. Mayo 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.
(d) Pursuant to Tenn. Sup. Ct. R. 9, § 4.7 (2006) and § 12.7 (2014), and
as a condition precedent to reinstatement, Mr. Mayo shall be required to
make restitution to the following individuals in the following amounts. In
the event restitution is made by the Tennessee Lawyer's Fund for Client
Protection ("TLFCP"), Mr. Mayo will be responsible for reimbursement to
the TLFCP of the same amount:
i. Michael Grimes - $7,500.00. Mr. Mayo shall pay $875.00
every three (3) months beginning July 1, 2015 with any remaining
balance due in the month prior to the expiration of his probation.
ii. Nathanial Howell - $7,500.00. Mr. Mayo shall pay $875.00
every three (3) months beginning July 1, 2015 with any remaining
balance due in the month prior to the expiration of his probation.
iii. Christopher Sandlin - $14,000.00. Mr. Mayo shall pay
$875.00 every three (3) months beginning July 1, 2015 with any
remaining balance due in the month prior to the expiration of his
probation.
iv. Lynn Archer Meece â full satisfaction of the judgment
entered in No. 2014CV-1850, Lynn Archer Meece v. Clay Mayo,
Wilson County General Sessions Court. Mr. Mayo shall pay
$1,000.00 immediately upon entry of the Order of Enforcement. He
shall pay an additional $2,500.00 within the next three (3) months.
Following that, Mr. Mayo shall pay $875.00 every three (3) months
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with any remaining balance due in the month prior to the expiration
of his probation.
v. Tresha Diffee - $3,000.00. Mr. Mayo shall pay $500.00
every three (3) months beginning July 1, 2015 with any remaining
balance due in the month prior to the expiration of his probation.
(e) Further, Mr. Mayo shall furnish to the Board of Professional
Responsibility proof of restitution made to the above individuals.
(f) If any of the parties mentioned in Paragraph 9 agree to accept less
than the amounts set forth in paragraph 9 and indicate their agreement in an
affidavit submitted to the Board, Mr. Mayo may reduce his payments
accordingly.
(2) In the event Mr. Mayo fails to meet any condition of probation, the
probation may be revoked pursuant to Term. Sup. Ct. R. 9, § 8.5.
(3) Additionally, Mr. Mayo shall comply in all aspects with Tenn. Sup. Ct. R.
9, §§ 18 (2006) and 30.4 (2014) regarding the obligations and responsibilities of
suspended attorneys and the procedure for reinstatement. Prior to seeking reinstatement,
Mr. Mayo must meet all CLE requirements and pay any outstanding registration fees
including those due from the date of suspension until the date of reinstatement.
(4) Further, the Order of Temporary Suspension entered on January 27, 2014 in
Case No. M2014-00145-SC-BAR-BP is hereby dissolved.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1 (2014), this Order shall be effective
upon entry.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 24.3 (2006) and § 31.3(d)(2014), Mr.
Mayo shall pay to the Board of Professional Responsibility the expenses and costs of this
matter in the amount of $1,148.33 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.
(7) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 28.11 (2014).
PER CURIAM
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