cain-2259.pdf (2015)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: LEROY CAIN,JR., BPR #006510
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
FILED
No. M2015-00119-SC-BAR-BP
BOPR No. 2013-2259-5-AJ
JAN 28 2015
Clerk of the Courts
Reed By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Leroy
Cain, Jr., on October 24, 2013; upon Answer to Petition for Discipline filed by Mr. Cain
on December 10, 2013; upon entry of a Conditional Guilty Plea filed by Mr. Cain on
October 10, 2014; upon an Order Recommending Approval of Conditional Guilty Plea
entered on October 24, 2014; upon consideration and approval by the Board on
December 12, 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 Panel's Order Recommending Approval of Conditional Guilty Plea as the
Court's Order.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED
DECREED BY THE COURT THAT:
AND
(1) Pursuant to Tenn. Sup. Ct. R. 9, § 4.2, Leroy Cain, Jr. is suspended from
the practice of law for one (1) year and one (1) day. As a condition to reinstatement, Mr.
Cain shall, no later than ten (10) months from entry ofthis Order of Enforcement, either:
(a)
complete the transfer of clear title to the South Carolina property
("Lot 85") that is the subject of the Petition for Discipline, in the
name of the heirs of Janette Bass Jones to the estate of Martin
Marshall, Jr.; or
'Because this cause was initiated prior to January 1, 2014, it is governed by Tenn. Sup. Ct. R.9(2006) except as otherwise
noted.
(b)
make restitution to the estate of Martin Marshall, Jr., in the amount
of $7,266.11. In the event restitution to the estate of Martin
Marshall, Jr. is paid by the Tennessee Lawyers Fund for Client
Protection(TLFCP), Mr. Cain shall reimburse TLFCP the amount so
paid.
(2) The conditions of reinstatement, set forth in paragraph one (1) above, are
separate and independent obligations that are imposed by this Order of Enforcement, and
failure to satisfy the conditions shall constitute a violation of the Rules of Professional
Conduct which may subject Mr. Cain to further disciplinary action by the Board.
(3) Additionally, Mr. Cain 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. Cain
must meet all CLE requirements and pay any outstanding registration fees including
those due from the date of suspension until the date ofreinstatement.
(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), Mr. Cain shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $1,495.48 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).
PER CURIAM
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