hatmaker-2700-2-sc-order.pdf (2018)
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10/12/2018
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: MICHAEL GLEN HATMAKER, BPR #005391
An Attorney Licensed to Practice Law in Tennessee
(Campbell County)
_________________________
No. M2018-01869-SC-BAR-BP
BOPR No. 2017-2700-2-AW
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Michael
Glen Hatmaker on April 5, 2017; upon Answer to Petition for Discipline filed on May 19,
2017; upon a Supplemental Petition for Discipline filed against Mr. Hatmaker on
November 7, 2017; upon Answer to Petition for Discipline filed on December 22, 2017;
upon Answer to Supplemental Petition for Discipline filed on December 22, 2017; upon a
Second Supplemental Petition for Discipline filed on March 20, 2018; upon Answer to
Second Supplemental Petition for Discipline filed on April 6, 2018; upon a Conditional
Guilty Plea filed on August 16, 2018; upon Order Recommending Approval of
Conditional Guilty Plea entered on August 17; 2018; upon consideration and approval by
the Board on September 14, 2018; and upon the entire record in this cause, and from all
of which the Court approves the Hearing Panelâs Order Recommending Approval of
Conditional Guilty Plea as the Courtâs Order.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Michael Glen Hatmaker is suspended from the practice of law for five (5)
years, with a minimum of four (4) years to be served as an active suspension, with the
remainder on probation, pursuant to Tenn. Sup. Ct. R. 9, § 12.2 , subject to the following
conditions of probation:
(a) Mr. Hatmaker shall satisfy the outstanding judgment entered in favor of Pat
Donahue in the General Sessions Court of Campbell County, Case No.
2016-CV-404, in the principal amount of $21,200.00.
(b) Mr. Hatmaker shall engage a practice monitor for the entire period of
probation, at his cost, selected and approved in accordance with Tenn. Sup.
Ct. R. 9, § 12.9. The practice monitor shall meet face to face with Mr.
Hatmaker at least monthly and assess Mr. Hatmakerâs case load, case
management, timeliness in the performing of his professional tasks,
adequacy of communication with clients, and trust accounting procedures
and provide monthly written reports to the Board.
(c) Mr. Hatmaker shall immediately contact the Tennessee Lawyers Assistance
Program (TLAP) for an assessment. If TLAP determines that a monitoring
agreement is appropriate, Mr. Hatmaker shall comply with the terms and
conditions of the TLAP monitoring agreement.
(d) During the period of suspension and probation, Mr. Hatmaker shall incur
no new complaints of misconduct that relate to conduct occurring during
the period of suspension or probation which results in the recommendation
by the Board that discipline be imposed.
(2) Prior to filing for reinstatement, Mr. Hatmaker 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.
(3) In addition, Mr. Hatmaker 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.
(4) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Hatmaker shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $2,400.27, 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.
(5) In the event any payment is made by the Tennessee Lawyerâs Fund for
Client Protection (TLFCP), Mr. Hatmaker shall reimburse TLFCP in the same amount.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(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.
PER CURIAM
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