Nacarato 1322 rel.PDF (2004)

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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
LANCE B. BRACY WILLIAM W. HUNT, III
CHIEF DISCIPLINARY COUNSEL 1101 KERMIT DRIVE, SUITE 730 CHARLES A. HIGH
NASHVILLE, TENNESSEE 37217 SANDY GARRETT
LAURA L. CHASTAIN TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
DEPUTY CHIEF DISCIPLINARY COUNSEL
(800) 486-5714 JAMES A. VICK
FAX: (615) 367- 2480 THERESA M. COSTONIS
BEVERLY P. SHARPE
E-MAIL: ethics@tbpr.org DISCIPLINARY COUNSEL
CONSUMER COUNSEL DIRECTOR

RELEASE OF INFORMATION
RE: TOM ANTHONY NACARATO, BPR #15236
CONTACT: SANDY GARRETT
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
June 17, 2004

LAW LICENSE OF LEXINGTON ATTORNEY SUSPENDED

On June 10, 2004, the Supreme Court of Tennessee entered an Order suspending the law
license of Tom Anthony Nacarato for a period of three (3) years and requiring Nacarato’s
satisfaction of conditions prior to Nacarato’s filing a Petition for Reinstatement. The Supreme
Court ordered the following conditions be completed:

a. Proof of Nacarato’s mental and emotional fitness to practice law;
b. Proof of Nacarato’s enrollment in Tennessee Lawyers Assistance Program and his
compliance with any and all recommendations made by TLAP;
c. Proof of Nacarato’s engaging a law practice assistance expert agreed to by
Disciplinary Counsel, and Nacarato’s compliance with any and all recommendations
made by that expert;
d. Proof of Nacarato’s payment of a client’s judgment, including court costs and accrued
interest; and
e. Proof of payment of all costs to the Board.

The Board of Professional Responsibility filed a Petition for Discipline against Nacarato
pursuant to Rule 9, Rules of the Supreme Court of Tennessee. On January 19, 2004, a hearing
panel heard the Board’s charges against Nacarato and entered findings and recommendations
recommending a three years suspension and conditions. By Order filed January 10, 2004, the
Supreme Court accepted the hearing panel’s findings and recommendations.

While suspended, Nacarato shall not use any indicia of lawyer, legal assistant or law
clerk, nor maintain a presence where the practice of law is conducted. Section 18 of Tennessee
Supreme Court Rule 9 requires Nacarato to notify all clients that are being represented in
pending matters; all counsel and opposing counsel of the Supreme Court’s order suspending him.
Section 18 of Rule 9, Rules of the Supreme Court also requires Nacarato to deliver to all clients
any papers or property to which they are entitled.

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