miller-3337-order-of-enforcement.pdf (2025)
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09/05/2025
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: MITCHELL RAY MILLER, BPR NO. 036126
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
____________________________
No. M2025-01282-SC-BAR-BP
____________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against
Respondent Mitchell R. Miller, on June 30, 2023; upon Respondentâs Answer to the
Petition for Discipline filed on October 12, 2023; upon a Conditional Guilty Plea entered
on May 7, 2025; upon an Order Recommending Approval of Conditional Guilty Plea
entered on May 16, 2025; upon service of the Order Recommending Approval of
Conditional Guilty Plea on Mr. Miller by the Executive Secretary of the Board of
Professional Responsibility (âBoardâ) on May 16, 2025; upon consideration and approval
by the Board on June 13, 2025; 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.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED, AND
DECREED BY THE COURT THAT:
(1) Respondent Mitchell Miller is hereby suspended from the practice of law for
two (2) years pursuant to Tenn. Sup. Ct. R. 9, § 12.2, with a four (4) month period served
as an active suspension and the remainder served as a probationary suspension, the grant
of which is conditioned upon the following:
a. During the period of suspension and probation, Respondent 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.
b. Throughout the probationary period of suspension, Respondent, at his 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
Respondent shall, in utilizing a Practice Monitor, comply with all
requirements as contained in Tenn. Sup. Ct. R. 9, § 12.9(c). The Practice
Monitor shall meet with Respondent monthly and assess Respondentâs case
load, case management, timeliness of performing tasks, adequacy of
communication, and accounting procedures. The Practice Monitor shall
provide a monthly written report of Respondentâs progress to Disciplinary
Counsel.
c. Within one (1) year of commencement of the period of suspension,
Respondent shall take nine (9) hours of ethics Continuing Legal Education
(âCLEâ). This requirement will be in addition to Respondentâs annual CLE
requirements.
d. Respondent will contact and consult with the Tennessee Lawyers Assistance
Program (âTLAPâ), cooperate fully with all TLAP recommendations,
participate in any treatment or assessment recommended by TLAP, and
consent to monitoring as recommended by TLAP. To the extent Respondent
has already engaged with TLAP, he will remain in full compliance with all
TLAP recommendations, programs, and monitoring.
e. In the event Respondent fails to meet or maintain any conditions of
probation, probation will be revoked pursuant to Tenn. Sup. Ct. 9 § 14.2.
(2) Respondent shall comply in all aspects with Tenn. Sup. Ct. R. 9, § 28,
regarding the obligations and responsibilities of suspended attorneys.
(3) Respondent shall comply in all aspects with Tenn. Sup. Ct. R. 9, § 30.4,
regarding the procedure for reinstatement. Prior to seeking reinstatement, Respondent
must 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. In addition, Respondent
shall be in substantial compliance with the terms and conditions of this Order.
(4) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Respondent shall pay the Board
of Professional Responsibility the expenses and costs incurred to date by the Board in this
matter, including any filing fee assessed by the Court, in the amount of $1,215.00. All
costs, fees, and expenses awarded or assessed herein shall be paid within ninety (90) days
of the entry of this Order for which execution, if necessary, may issue.
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(5) The Board of Professional Responsibility shall cause notice of this discipline
to be published as required by Tenn. Sup. Ct. R. 9, § 28.11.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
PER CURIAM
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