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BOARD OF PROFESSIONAL RESPONSIBILTY
of the
SUPREME COURT OF TENNESSEE
1101 KERMIT DRIVE, SUITE 730
NASHVILLE, TENNESSEE 37217
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: CLAY SPENCER NAILS, REG. NO. 17498
CONTACT: THERESA M. COSTONIS
BOARD OF PROFESSIONAL RESPONSIBILITY
September 17, 2001
MISSISSIPPI LAWYER CENSURED
Clay Spencer Nails, a lawyer with offices in Corinth, Mississippi, who is also licensed to
practice in Tennessee, was publicly censured by the Board of Professional Responsibility on
September 17, 2001. A Public Censure is a form of public discipline which declares the conduct
of the lawyer improper, but does not limit the lawyer's right to practice law.
Lawyers are required to attend continuing legal education ("CLE") classes each year to
maintain their licenses to practice law. In 1997, Mr. Nails did not attend the required CLE
classes, and failed to obtain the required CLE credits after being notified by the Commission on
Continuing Legal Education and Specialization that his license to practice law would be
suspended if he did not do so. Accordingly, Mr. Nails' license was suspended by Order of the
Tennessee Supreme Court on December 23, 1997, until he obtained those credits. A lawyer
whose license is suspended may not practice law in Tennessee. Mr. Nails nevertheless did
practice law in Tennessee while his license was suspended. Mr. Nails had four cases pending
before the United States Bankruptcy Court for the Western District of Tennessee on April 4,
2000, despite the fact that he had not cured his CLE credit deficiency following the notice he
received in late 1997 and was still suspended at the time these four matters were pending. Mr.
Nails later cured his CLE deficiency and his Tennessee license was reinstated on May 17, 2000.
The censure was issued by the Board of Professional Responsibility and there was no
request for a hearing by Mr. Nails. The Board of Professional Responsibility determined Mr.
Nails practiced law in violation of the regulations of this jurisdiction, disobeyed an Order of the
Supreme Court of Tennessee, and thus engaged in conduct that adversely reflected on his fitness
to practice law, in violation of DR 1-102(A)(1)(6), DR 3-101(B), and DR 7-106(C)(5)(6)(7) of
the Code of Professional Responsibility.