weiss-2934.pdf (2019)
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03/26/2019
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: MARTIN ALAN WEISS, BPR #012295
An Attorney Licensed to Practice Law in Tennessee
(Shelby County)
_________________________
No. M2019-00497-SC-BAR-BP
BOPR No. 2018-2934-9-WM
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Martin
Alan Weiss on November 15, 2018; upon the Answer to Petition for Discipline filed by
Mr. Weiss on February 5, 2019; upon entry of a Conditional Guilty Plea filed by Mr.
Weiss on February 28, 2019; upon an Order Recommending Approval of Conditional
Guilty Plea entered on March 6, 2019; upon service of the Order Recommending
Approval of Conditional Guilty Plea on Mr. Weiss by the Executive Secretary for the
Board on March 6, 2019; upon consideration and approval by the Board on March 8,
2019; 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 Order Recommending Approval of Conditional Guilty Plea as the
Courtâs Order.
On July 25, 2018, Mr. Weiss was temporarily suspended by this Court pursuant to
Tenn. Sup. Ct. R. 9, § 12.3 (Case No. M2018-01347-SC-BAR-BP). To date, Mr. Weiss
has not requested, nor been granted reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Martin Alan Weiss is disbarred from the practice of law, 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. Weiss shall make restitution to FLEXWORX in the amount of
$57,769.00 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. Weiss shall reimburse TLFCP in the same amount.
(3) Pursuant to Tenn. Sup. Ct. R. 9, § 12.8, and as a condition precedent to any
reinstatement, Mr. Weiss shall contact the Tennessee Lawyers Assistance Program
(âTLAPâ) for evaluation. If TLAP determines that a monitoring agreement is
appropriate, Mr. Weiss shall comply with the terms and conditions of the TLAP
monitoring agreement.
(4) Prior to seeking reinstatement, Mr. Weiss 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 disbarment until the date of
reinstatement; and have remitted all court costs and Board costs in this matter.
(5) Additionally, Mr. Weiss shall comply in all aspects with Tenn. Sup. Ct. R.
9, §§ 28 and 30.4, regarding the obligations and responsibilities of disbarred attorneys
and the procedure for reinstatement.
(6) Further, the Order of Temporary Suspension entered on July 25, 2018 in
Case No. M2018-01347-SC-BAR-BP is hereby dissolved.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(8) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Weiss shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$618.65 within ninety (90) days of the entry of this Order, 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.
(9) 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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