clayton-1768-5-rel634717357284835355.pdf (2011)

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BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
1101 KERMIT DRIVE. SUITE 730
NASHVILLE, TENNESSEE 37217
TELEPHONE: (615) 361-7500
(800) 436-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Webslte: www.1bpr.org

RELEASE OF INFORMATION
RE: TERRY R. CLAYTON. BPR# 12392
CONTACT: RANDALL J. SPIVEY
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500

January 18, 2011

NASHVILLE LAWYER SUSPENDED

On January 12, 2011, Terry R. Clayton of Nashville, Tennessee, was suspended by the Tennessee
Supreme Court for a period of seven (7) months pursuant to Supreme Court Rule 9, Section 4.2. However,
pursuant to Supreme Court Rule 9, Section 8.5, Mr. Clayton’s actual suspension shall be for a period of one (1)
month with the remaining six (6) months to be served on probation. During the probationary period, Mr.
Clayton must obtain three (3) hours of continuing legal education over and above the hours normally required
and engage the services of a practice monitor.

Mr. Clayton violated disciplinary rules by failing to provide representation to a client, engaging in an
inappropriate fee sharing arrangement with another lawyer, and neglecting the bankruptcy filing of a client. Mr.
Clayton’s actions violated Tennessee Supreme Court Rule 8, Rules of Professional Conduct 1.1 (Competence),
1.3 (Diligence), 1.4 (Communication), 1.5, (Fees), 5.1 (Responsibilities of Partners, Managers and Supervisory
Lawyers) and 8.4 (Misconduct).

Mr. Clayton was furthered ordered to pay the expenses and costs of the disciplinary proceedings against
him, pursuant to Rule 9, Section 4.7, of the Rules of the Supreme Court and fully comply in all respects with the
requirements and obligations of suspended attorneys as set forth in Rule 9, Section 18.1 of the Rules of the
Supreme Court.

Clayton 1768—5 rel.doc.

PLEASE NOTE
YOU MAY SUBSCRIBE TO RECEIVE INFORMATIONAL RELEASES, FORMAL ETHICS
OPINIONS, NEWSLETTERS AND ANNUAL REPORTS ELECTRONICALLY BY SIGNING IN AT
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IN THE ensues/1's COURT OF TENNESSEE -‘
AT NASHVILLE 231iwas 12 Plil2: 23

INRE: TERRYR CLAYTON, BPR #1239zl‘ltiiUgli-035s": as:a
An Attorney Licensed to Practice Law111 Tennessee HM“’”“5
(Davidson County)

NO.-M2010~01935-SC~R3mBP
BOPR No. 2008~1768-5—RS

ORDER as ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed on August 1‘,
2008 by the Board of Professional Responsibility (“Board”) against Terry R. Clayton
'{“Respondent”); upon an Answer filed by Respondent on August 27, 2008; upon a
hearing held May 19, 2009; upon Findings of Fact and Conclusions of Law and Judgment
entered i’oy the Hearing Panel on July 21, 2009; upon approval of the Board given on
September 11, 2069.; upon a Petition for Certiorari filed by Respondent on September 21,
2009; upon Order entered by the Chancery Court of Davidson County on July 23, 2010;
upon Respondent’s Notice of Appeal filed in this Court on September 13, 2010; upon this
Court’s Order of Deoember 29, 2010, dismissing Respondent’s appeai for a lack of
subject matter jurisdiction; and upon the entire record in this cause.

. From ail of which pursuant to Supreme Court Rule .9, Section 8.4, the Court
approves the Findings of Fact and Conclusions of Law and Judgment of the Heating '
Panel and adopts the judgment of the Hearing Panel as the Court’s Order.

It is therefore; ORDERED, ADJUDGED and DECREED by the Court that:

1. The Respondent, Terry R. Clayton, shall be and hereby is suspended from
the praetiee of law for seven (7) months pursuant to Supreme Court Rule 9, Section 4.2.
However, pursuant to Supreme Court Rule 9, Section 8.5,tl1e Respondent’s actual
suspension shall be for a period of one (1) month. The imposition of the remainder of the
suspension is suspended, and the Respondent is fliereafter placed on probation for the
remainder of the seven (7) months subject to the following conditions.
2. During the probatifiti period Respondent shall attend three (3) hours of
Continuing Legal Education on the topic of legal ethics and three (3) hours of law office
management. These hours shall be over and above the hours normally required by the
Commission on Continuing Legal Education.

3. Respondent shall employ, at. his own expense, a Law Practice Monitor,
approved by Disciplinary Counsel. No later than the end of the first month of the
probation period, the Law Practice Monitor will meet with Respondent to discuss good
office management practices and make suggestions on improving Respondent’s
management of his law practice.

4. The Law Practice Monitor shall also meet at least monthly with Respondent
during this suspension and probation to review Respondent’s open tiles to ensure (I) that
Respondent is meeting all deadlines in each case and (2) communicating candidly and
timely with each of his clients. The Law Practice Menitor shall provide monthly reports
to Disciplinary Counsel detailing Respondent’s compliance with these conditions. The
Law Fractice. Monitor may determine if more frequent meetings or reports are appropriate
and if so each will be a term of this probation. '

5. Failure to meet any of the shorts listed conditions or upon report to
Disciplinary Counsel from the Law Fractice Monitor that Respondent has failed to meet
all deadlines in his cases or communicate candidly and timely with each of his clients
will result in the revocation of Respondent’s probation. Upon revocation of his
probation, Respondent will be required to serve the entirety of the suspension beginning
ten (10) days from the date of revocation.

6. This suspension shall become effective ten (10) days after the filing of this
Order.

7. Respondent shall comply in all aspects with Supreme Court Rule 9,
Sections 18 regarding the obligationsand responsibilities of suspended attorneys.

8. ( Pursuant to Supreme Court Rule 9, Section 24.3, the Respondent shall pay
to the Board of l’rofessional Responsibility the expenses and. costs of this matter in the
amount of $1,645.25 and in addition, shall pay to the Clerk of this Court the costs
incurred herein, Widen ninety (.90) days of the entry of this Order, for all. of which
execution may issue if necessary}???
9. The Board shall cause notice of this suspension to be published as required
by Supreme Court Rule 9, Section 18.10.

FOR THE COURT:

(39W CL CwaL '
CORNELIA A. CLARK
CHIEF JUSTICE

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