mcnulty-2669-5-sc-order.pdf (2018)
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02/15/2018
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: MICHAEL JOHN McNULTY, BPR #25974
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
_________________________
No. M2018-00250-SC-BAR-BP
BOPR No. 2017-2669-5-WM
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Michael
John McNulty on January 4, 2017; upon a Motion for Default Judgment and that Charges
in Petition Be Deemed Admitted filed on May 1, 2017; upon an Order for Default
Judgment entered on June 5, 2017; upon a Supplemental Petition for Discipline filed on
August 1, 2017; upon a Motion for Default Judgment and that Charges in Supplemental
Petition Be Deemed Admitted filed on August 29, 2017; upon an Order for Default
Judgment entered on September 1, 2017; upon a hearing on October 24, 2017; upon the
Findings of Fact, Conclusions of Law and Judgment entered on December 5, 2017; upon
service of the Findings of Fact, Conclusions of Law and Judgment upon Mr. McNulty by
the Executive Secretary of the Board on December 5, 2017; upon the Board of
Professional Responsibilityâs Application for Assessment of Costs filed on November 13,
2017; upon the Findings and Judgment for Assessment of Costs entered on November 30,
2017; upon service of the Findings and Judgment for Assessment of Costs upon Mr.
McNulty by the Executive Secretary of the Board on November 30, 2017; upon
consideration and approval by the Board on December 8, 2017; upon expiration of the
appeal period with no appeal taken; 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 Judgment recommending a disbarment as the Courtâs Order.
On March 9, 2017, Mr. McNulty was temporarily suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9, § 12.3 (Case No. M2017-00462-SC-BAR-BP). To date,
Mr. McNulty has not requested, nor been granted, reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Mr. McNulty is disbarred, pursuant to Tenn. Sup. Ct. R. 9, § 12.1.
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, and as a condition precedent to any
reinstatement, Mr. McNulty shall make restitution to Anthony Hammonds in the amount
of $750.00 and to Laura Hurt in the amount of $25,000.00 and shall furnish to the Board
of Professional Responsibility proof of restitution. In the event restitution is made by the
Tennessee Lawyerâs Fund for Client Protection (TLFCP), Mr. McNulty shall reimburse
TLFCP in the same amount.
(3) Prior to seeking reinstatement, Mr. McNulty must meet all CLE
requirements; have remitted all outstanding registration fees and outstanding professional
privilege taxes, including those due from the date of this disbarment until the date of
reinstatement; and have remitted all court costs and Board costs in this matter.
(4) Mr. McNulty shall comply in all aspects with Tenn. Sup. Ct. R. 9, §§ 28
and 30.4(d), regarding the obligations and responsibilities of disbarred attorneys.
(5) Further, the Order of Temporary Suspension entered on March 9, 2017, in
Case No. M2017-00462-SC-BAR-BP, is hereby dissolved.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. McNulty shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $745.91 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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