del-251380.pdf (2014)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: MICHAEL LEE WEST, BPR# 001868
An Attorney Licensed to Practice Law in Tennessee
(Hamilton County)
No. M2014-00387-SC-BAR-BP
BOPR No. 20 14-23 10-3-AW
NOV 142014
Clerk et the Courts
Reed By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Michael
Lee West on April 11, 2014; upon Response to Petition for Discipline filed by Mr. West
on May 6, 2014; upon entry of a Conditional Guilty Plea filed by Mr. West on September
26, 2014; upon an Order Recommending Approval of Conditional Guilty Plea entered on
October 3, 2014; upon consideration and approval by the Board on October 19, 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.
On March 18, 2014, Mr. West was temporarily suspended by this Court pursuant
to Tenn. Sup. Ct. R. 9, § 4.3 (Case No. M2014-00387-SC-BAR-BP) for misappropriation
of client funds. To date, Mr. West has not requested, nor been granted, reinstatement.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED BY THE
COURT THAT:
(1)
Pursuant to Tenn. Sup. Ct. R. 9, § 4.1 (2006), Michael Lee West is
disbarred. Further, Mr. West is ordered to make restitution as follows:
(a)
Payment of restitution to Ms. Harvey of the balance of the
$50,000.00, settlement less any documented payments to Ms. Harvey
and/or the subrogation liens paid on her behalf.
'This matter was initiated before the Board prior to January 1, 2014, and is governed by Tenn. Sup. Ct. R. 9 (2006)
unless otherwise noted.
Payment of restitution to SunTrust Bank in the amount of $5,000.00,
(b)
less any documented payments to SunTrust Bank.
Payment of restitution to Tiffany Rogers in the amount of $500.00,
(c)
less any documented payments to Ms. Rogers.
Payment of restitution to Aliceon Varner in the amount of $1,000.00
(d)
less any documented payments to Ms. Varner.
Mr. West shall comply in all aspects with Tenn. Sup. Ct. R. 9, § 18 (2006)
(2)
and Tenn. Sup. Ct. R. 9, § 30.4 (2014) regarding the obligations and responsibilities of
disbarred attorneys, and the procedure for reinstatement. Mr. West must meet all CLE
requirements and all registration requirements prior to reinstatement.
Pursuant to Tenn. Sup. Ct. R. 9, § 24.3 (2006), Mr. West shall pay to the
(3)
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $1,165.43 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.
Upon entry of this Order, the Temporary Suspension entered on March 18,
(4)
2014, pursuant to Tenn. Sup. Ct. R. 9, § 4.3, shall be dissolved.
Pursuant to Tenn. Sup. Ct. R. 9, § 18.5 (2006), this Order shall be effective
(5)
ten (10) days after the date of entry.
The Board of Professional Responsibility shall cause notice of this
(6)
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 18.10 (2006).
PER CURIAM