mcnulty-2821-3-sc-order.pdf (2018)
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IN THE SUPREME COURT OF TENNESSEE 12/05/2018
AT NASHVILLE
IN RE: MICHAEL JOHN MCNULTY, BPR #025974
An Attorney Licensed to Practice Law in Tennessee
(Bradley County)
_________________________
No. M2018-02177-SC-BAR-BP
BOPR No. 2018-2821-3-KH
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed by the Board of
Professional Responsibility (âBoardâ) against Michael John McNulty on January 29,
2018; upon a Motion for Default and that Charges in the Petition Be Admitted filed by
the Board on July 13, 2018; upon entry of an Order of Default on August 2, 2018; upon a
final hearing held before the hearing panel on August 17, 2018; upon entry of Findings of
Fact, Conclusions of Law, and Judgment on August 17, 2018; upon service of the
Findings of Fact, Conclusions of Law, and Judgment by the Executive Secretary for the
Board on August 17, 2018; upon Application for Assessment of Costs filed by the Board
on August 22, 2018; upon entry of Findings and Assessment of Costs on September 6,
2018; upon service of the Findings and Assessment of Costs by the Executive Secretary
for the Board on September 6, 2018; upon consideration and approval by the Board on
September 14, 2018; upon the expiration of the time for appeal with no appeal taken; and
upon the entire record in this cause.
From all of which the Court approves and adopts the hearing panelâs Findings of
Facts, Conclusions of Law, and Judgment as the Courtâs Order.
On February 15, 2018, Mr. McNulty was disbarred by this Court in Case No.
M2018-00250-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) Michael John McNulty 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
application for reinstatement, Mr. McNulty shall make restitution to Wade Thomas in the
amount of $1,125.00 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) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(6) 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 $583.14 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.
(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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