mclellan-3016.pdf (2020)
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05/12/2020
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: JASON R. MCLELLAN, BPR #024596
An Attorney Licensed to Practice Law in Tennessee
(Sullivan County)
_________________________
No. M2020-00686-SC-BAR-BP
BOPR No. 2019-3016-1-JM
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Jason R.
McLellan on July 8, 2019; upon Answer to Petition for Discipline filed by Mr. McLellan
on August 15, 2019; upon entry of a Conditional Guilty Plea filed by Mr. McLellan on
February 25, 2020; upon an Order Recommending Approval of Conditional Guilty Plea
entered on March 12, 2020; upon service of the Order Recommending Approval of
Conditional Guilty Plea by the Executive Secretary of the Board dated March 13, 2020;
upon consideration and approval by the Board on April 27, 2020; 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 Order Recommending Approval of Conditional Guilty Plea as the
Courtâs Order.
IT IS THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Jason R. McLellan is suspended from the practice of law for one (1) year,
pursuant to Tenn. Sup. Ct. R. 9, § 12.2, with two (2) months active suspension and the
remainder on probation, subject to the following conditions of probation:
(a) Mr. McLellan, at his cost, shall engage 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 Mr. McLellan monthly
and assess his case load, timeliness of tasks, adequacy of
communication with his clients, and his accounting procedures. The
practice monitor shall provide a monthly written report of Mr.
McLellanâs progress to Disciplinary Counsel.
(b) During the period of active suspension and probation, Mr. McLellan
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 Mr. McLellan fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2.
(3) Prior to seeking reinstatement, Mr. McLellan must have met 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.
(4) Additionally, Mr. McLellan 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.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. McLellan shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $1,537.50 within ninety (90) days. In addition, Mr. McLellan shall pay restitution to
Lisa Mullins in the amount of $2,000.00 within ninety (90) days. In the event Mr.
McLellan fails to pay the Board expenses and costs or restitution to Ms. Mullins as
required herein, the Board may reopen its disciplinary file and conduct further
proceedings pursuant to Tenn. Sup. Ct. R. 9, § 12.8.
(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.
PER CURIAM
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