del-197673.pdf (2014)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: JOHN JAY CLARK, BPR# 24360
An Attorney Licensed to Practice Law in Tennessee
(Williamson County)
FILED
No. M2014-00531-SC-BAR-BP MAR 25 2014
BOPR No. 2013-2219-6-AJ Clerk of the Crts
Recd By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against John
Jay Clark on May 13, 2013; upon Answer to Petition for Discipline filed by Mr. Clark on
June 20, 2013; upon entry of a Conditional Guilty Plea filed by Mr. Clark on
February 24, 2014; upon an Order Recommending Approval of Conditional Guilty Plea
entered on February 26, 2014; upon consideration and approval by the Board on March 8,
2014; 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 Panel's Order Recommending Approval of Conditional Guilty Plea as the
Court's Order.
It is, therefore, ordered, adjudged and decreed by the Court that:
(1) John Jay Clark is suspended for one (1) year pursuant to Tenn. Sup. Ct. R.
9, § 4.2. However, pursuant to Tenn. Sup. Ct. R. 9, § 8.5, the suspension shall be fully
probated subject to the following conditions:
(a) Mr. Clark shall engage a practice monitor for the entire period
of probation at his own expense. Mr. Clark shall provide a list of
potential practice monitors for selection by the Board within thirty
(30) days of entry of the Order of Enforcement.
(b) The practice monitor shall submit monthly reports to the
Board addressing the following areas: assessment of case load,
timeliness of tasks, and adequacy of communication between Mr.
Clark and his clients.
'Because this cause was initiated prior to January 1, 2014, it is governed by the pre-2014 version of Tenn. Sup. Cr. R. 9
(c) Mr. Clark shall submit to Tennessee Lawyers Assistance
Program (TLAP) for an evaluation and comply with any TLAP
recommendations.
(d) Mr. Clark shall make restitution to Greg Wells in the amount
of $2,500.00. In the event restitution is made by the Tennessee
Lawyer's Fund for Client Protection (TLFCP), Mr. Clark shall
reimburse TLFCP in the same amount. Payment in full shall be
made on or before eleven (11) months and twenty-nine (29) days
after the effective date of the Order of Enforcement. Mr. Clark shall
provide proof of payment to the Board as payments are made.
(e) Mr. Clark shall pay the costs of this cause as set forth below.
(2) In the event Mr. Clark fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 8.5.
(3) Additionally, Mr. Clark shall comply in all aspects with Tenn. Sup. Ct. R.
9, § 18 regarding the obligations and responsibilities of suspended attorneys.
(4) Pursuant to Tenn. Sup. Ct. R. 9, § 18.5, this Order shall be effective ten
(10) days after the date of entry.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 24.3, Mr. Clark shall pay to the Board of
Professional Responsibility the expenses and costs of this matter in the amount of
$891.45 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.
(6) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 18.10.
FOR THE COURT:
a
CORNELIA A. CLARK, JUSTICE