mathes-2793.pdf (2019)
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10/14/2019
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: GAIL OSTBY MATHES, BPR #004649
An Attorney Licensed to Practice Law in Tennessee
(Shelby County)
_________________________
No. M2019-01738-SC-BAR-BP
BOPR No. 2017-2793-9-KH
________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Gail
Ostby Mathes on November 17, 2017; upon Ms. Mathesâ Answer to the Petition for
Discipline filed February 2, 2018; upon a Scheduling Order entered March 21, 2018
setting the final hearing for August 22, 2018; upon an Order to continue entered August
31, 2018; upon a Scheduling Order entered November 30, 2018 resetting the hearing for
March 26, 2019; upon an Order entered April 8, 2019, continuing the trial; upon an Order
entered April 30, 2019, setting the final hearing for May 20, 2019; upon an Order
Resetting Final Hearing entered May 24, 2019; upon an executed Conditional Guilty Plea
entered July 23, 2019; upon the Order Recommending Approval of Conditional Guilty
Plea entered August 14, 2019; upon service of the Order Recommending Approval of
Conditional Guilty Plea upon Ms. Mathes by the Executive Secretary of the Board on
August 14, 2019; upon consideration and approval by the Board on September 13, 2019;
and upon the entire record in this cause.
From all of which the Court approves and adopts the Hearing Panelâs Order
Recommending Approval of Conditional Guilty Plea as the Courtâs Order.
On June 26, 2012, Ms. Mathes was temporarily suspended by this Court, pursuant
to Tenn. Sup. Ct. R. 9, § 4.3 (Case No. M2012-01307-SC-BPR-BP). By this Order, the
temporary suspension shall be dissolved.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Gail Ostby Mathes is suspended from the practice of law for two (2) years
with six (6) months to be served as an active suspension, pursuant to Tenn. Sup. Ct. R. 9,
§ 12.2, and the remaining eighteen (18) months to be served on probation, pursuant to
Tenn. Sup. Ct. R. 9, § 14.1, subject to the following conditions of probation:
(a) Gail Ostby Mathes shall maintain compliance with the
Tennessee Lawyers Assistance Program (TLAP) monitoring
agreement and follow any and all recommendations of TLAP.
Further, Ms. Mathes shall give TLAP permission to communicate
with the Board regarding any monitoring agreement.
(b) Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, Ms. Mathes shall
make restitution to the following:
Nadiyah McMurray in the amount of $1,200.00.
Rosemary May in the amount of $1,000.00.
Mary Ringold in the amount of $1,500.00.
To the extent restitution is paid by the Tennessee Lawyerâs Fund for
Client Protection (âTLFCPâ), Ms. Mathes shall reimburse TLFCP
for said amount and shall remain obligated to the individuals listed
above for any unpaid restitution.
(c) Ms. Mathes, at her cost, if any, shall engage the services of a
Practice Monitor who shall be selected and approved in accordance
with Tenn. Sup. Ct. R. 9, § 12.9(c). The Practice Monitor shall meet
with Ms. Mathes monthly and assess Ms. Mathesâ case load, case
management, timeliness of performing tasks, adequacy of
communication with clients and accounting procedures. The Practice
Monitor shall provide a monthly written report of Ms. Mathesâ
progress to Disciplinary Counsel.
(d) During the period of suspension and probation, Ms. Mathes
shall incur no new complaints of misconduct that relate to conduct
occurring during the period of suspension and probation and which
results in the recommendation by the Board that discipline be
imposed.
(2) In the event Ms. Mathes fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2.
(3) Reinstatement of Ms. Mathes to the practice of law is conditioned upon her
having met all CLE requirements; 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 in accordance with the payment plan set forth in paragraph four.
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(4) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Ms. Mathes shall pay to the
Board of Professional Responsibility the costs and expenses of this matter in the amount
of $2,347.90 as follows:
a. During the period of suspension and sixty (60) days following her
reinstatement, Ms. Mathes shall pay to the Board $100.00 per month; and
b. Sixty (60) days following her reinstatement, Ms. Mathes shall pay to the
Board $300.00 per month.
(5) Ms. Mathes shall pay to the Clerk of this Court the costs incurred herein,
within ninety (90) days of the entry of this Order for which execution may issue if
necessary.
(6) Ms. Mathes 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.
(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.
(8) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
PER CURIAM
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