clifford-2600-2-sc-order.pdf (2017)
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03/10/2017
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: CHARLES MICHAEL CLIFFORD, BPR #1544
An Attorney Licensed to Practice Law in Tennessee
(Blount County)
_________________________
No. M2017-00457-SC-BAR-BP
BOPR No. 2016-2600-2-AJ
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Charles
Michael Clifford on June 27, 2016; upon Order Granting Motion for Default entered on
September 19, 2016; upon final hearing held before the Hearing Panel on October 18,
2016; upon the Judgment of the Hearing Panel filed on November 15, 2016; upon service
of the Judgment of the Hearing Panel upon Mr. Clifford by the Executive Secretary of the
Board on November 15, 2016; upon the Boardâs Application for Assessment of Costs
filed November 18, 2016; upon Judgment on Board of Professional Responsibilityâs
Application for Assessment of Costs entered on December 30, 2016; upon service of the
Hearing Panelâs Judgment on Assessment of Costs upon Mr. Clifford on December 30,
2016; upon consideration and approval by the Board on February 6, 2016; upon
expiration of the appeal period with no appeal taken; 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 Judgment as the Courtâs Order.
By order entered on November 25, 2014, in Case No. M2014-02192-SC-BAR-BP,
Mr. Clifford was suspended from the practice of law for one (1) year, with thirty (30)
days to be served as an active suspension. On March 9, 2016, Mr. Clifford was
temporarily suspended by this Court pursuant to Tenn. Sup. Ct. R. 9, § 12.3 (Case No.
M2016-00471-SC-BPR-BP). To date, Mr. Clifford has not requested, nor been granted
reinstatement from either suspension.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Pursuant to Tenn. Sup. Ct. R. 9, § 12.2, Charles Michael Clifford is
suspended from the practice of law for one (1) year.
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, and as a condition precedent to any
reinstatement, Mr. Clifford shall make restitution to Kyle Gonzales in the amount of
$1,500.00, 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. Clifford shall reimburse TLFCP.
(3) Mr. Clifford shall comply in all aspects with Tenn. Sup. Ct. R. 9, § 28, and
Tenn. Sup. Ct. R. 9, § 30.4, regarding the obligations and responsibilities of suspended
attorneys and the procedure for reinstatement.
(4) Prior to seeking reinstatement, Mr. Clifford must meet 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.
(5) Further, the Order of Temporary Suspension entered on March 9, 2016, in
Case No. M2016-00471-SC-BPR-BP is hereby dissolved.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective
immediately.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Clifford shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $359.98, 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.
(8) 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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