graham-3093-order-of-enforcement-2-11-21.pdf (2021)
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02/11/2021
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: MARK STEVEN GRAHAM, BPR #011505
An Attorney Licensed to Practice Law in Tennessee
(Knox County)
______________________
No. M2021-00148-SC-BAR-BP
BOPR No. 2020-3093-2-AJ
______________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Mark
Steven Graham on May 8, 2020; upon Answer to Petition for Discipline filed by Mr.
Graham on June 10, 2020; upon the filing of a Conditional Guilty Plea by Mr. Graham on
November 20, 2020; upon an Order Recommending Approval of Conditional Guilty Plea
entered on December 7, 2020; upon service of the Order Recommending Approval of
Conditional Guilty Plea by the Executive Secretary of the Board dated December 7, 2020;
upon consideration and approval by the Board on December 11, 2020; 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 March 11, 2020, Mr. Graham was temporarily suspended by this Court pursuant
to Tenn. Sup. Ct. R. 9, § 12.3 (Case No. M2020-000398-SC-BAR-BP). Mr. Graham
requested dissolution of the temporary suspension, and it was denied by this Court on
October 2, 2020.
IT IS THEREFORE, CONSIDERED, ORDERED, ADJUDGED, AND DECREED
BY THE COURT THAT:
(1) Mark Steven Graham is suspended from the practice of law for three (3)
years, pursuant to Tenn. Sup. Ct. R. 9, § 12.2, retroactive to the date of his temporary
suspension on March 11, 2020, pursuant to Tenn. Sup. Ct. R. 9, §12.2(b). One (1) year
shall be served as an active suspension and the remainder on probation, subject to the
following conditions of probation:
(a) Mark Steven Graham shall obtain an evaluation with the Tennessee
Lawyers Assistance Program (TLAP) and follow any and all
recommendations of TLAP. Further, Mr. Graham shall give TLAP
permission to communicate with the Board regarding any monitoring
agreement.
(b) Mr. Graham, at his cost, shall engage a Practice Monitor who shall be
selected and approved in accordance with Tenn. Sup. Ct. R. 9, §
12.9(c). The Practice Monitor shall submit monthly reports to the
Board addressing the following areas: compliance with the conditions
of discipline, probation, or reinstatement in addition to his compliance
with trust account rules, accounting procedures, and office
management procedures. This Practice Monitor shall monitor the
practice from such a time as Mr. Graham is reinstated from the active
suspension and shall remain throughout the entirety of Mr. Grahamâs
probation.
(c) During the period of active suspension and probation, Mr. Graham
shall incur no new complaints of misconduct that relate to conduct
occurring during the period of suspension and probation and which
result in the recommendation by the Board that discipline be imposed.
(2) In the event Mr. Graham fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2.
(3) Prior to seeking reinstatement, Mr. Graham 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.
(4) Mr. Graham 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. Further, the Order of Temporary Suspension entered on March
11, 2020, Case No. M2020-000398-SC-BAR-BP, is hereby dissolved.
(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. Graham shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$306.00 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) Pursuant to Tenn. Sup. Ct. R. 9, §12.7, Mr. Graham shall be required to make
restitution to Dr. Jerry Atwood in the amount of $37,728.00. Payment of restitution is a
condition precedent to reinstatement and the grant of probation. In the event restitution is
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made by the Tennessee Lawyersâ Fund for Client Protection (âTLFCPâ), Mr. Graham will
be responsible for reimbursement to the TLFCP in the same amount:
(8) The Board of Professional Responsibility shall cause notice of this
suspension of Mark Steven Graham to be published as required by Tenn. Sup. Ct. R. 9, §
28.11.
PER CURIAM
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