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The Lawyer Who
Didn’t Practice
Introducing…
Williamson County Attorney
Currently Disbarred
Definitely deserves it
Criminal Cases Abandoned
Two complaints filed against Mr. Clark by former clients
Accepted payment in both cases
Court dates arrive - no call, no show
Unfinished Divorce
Accept client’s payment for divorce
Default judgement was granted
Only two last steps to take for divorce to be complete but did not do them
Fake Divorce #1
Accepted payment for a divorce
Filed nothing with the court
Told client that she was divorced
Fake Divorce #2
Accepted payment for a divorce
Filed initial complaint, nothing else
Forged divorce decree
Told client she was divorced
Client’s “ex” husband remarried
Rules Broken
Rule 1.16 – “…A lawyer shall not represent a client or,
where representation has commenced shall withdraw
from the representation of a client…”
1.16 - “Declining or Terminating Representation”
(a, 1) Must withdraw to avoid breaking rules of
professional conduct
(c) Must notify court
(d, 6) & 1.5 - Fees
Rules Continued
1.3 – “Diligence”
1.4 – “Communication”
5.5 – “Unauthorized Practice”
8.4 – “Misconduct, Crime,
Deception/Fraud”
(a) Violate Rules of Professional
Conduct
(b) Crime
(c) Dishonesty
How This Should Have Been Handled
Should have withdrawn from representation properly when suspended
Should have refunded fees for work he didn’t do
Should have worked properly on cases, finished the incomplete case
Should have voided forging judge’s signature
Punishments Imposed
Mr. Clark was disbarred
…and convicted of forgery
…and disbarred again because of the conviction
…and had to pay restitution to his clients and others affected
…and had to pay hearing fees to the board.
Sources
• “In Re: John Jay Clark”, Board of Professional Responsibility of the
Supreme Court of Tennessee, May 11, 2016
• “Williamson County Lawyer Disbarred (1)”, Board of Professional
Responsibility of the Supreme Court of Tennessee, Dec. 15, 2016
• “Williamson County Lawyer Disbarred (2)”, Board of Professional
Responsibility of the Supreme Court of Tennessee, Aug. 9, 2017
• “Williamson County lawyer disbarred twice after forging judge’s
signature”, Sarah Grace Taylor, Franklin Home Page, Aug. 20, 2017

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LEGL2400 Sample Presentation #1

  • 2. Introducing… Williamson County Attorney Currently Disbarred Definitely deserves it
  • 3. Criminal Cases Abandoned Two complaints filed against Mr. Clark by former clients Accepted payment in both cases Court dates arrive - no call, no show
  • 4. Unfinished Divorce Accept client’s payment for divorce Default judgement was granted Only two last steps to take for divorce to be complete but did not do them
  • 5. Fake Divorce #1 Accepted payment for a divorce Filed nothing with the court Told client that she was divorced
  • 6. Fake Divorce #2 Accepted payment for a divorce Filed initial complaint, nothing else Forged divorce decree Told client she was divorced Client’s “ex” husband remarried
  • 7. Rules Broken Rule 1.16 – “…A lawyer shall not represent a client or, where representation has commenced shall withdraw from the representation of a client…” 1.16 - “Declining or Terminating Representation” (a, 1) Must withdraw to avoid breaking rules of professional conduct (c) Must notify court (d, 6) & 1.5 - Fees
  • 8. Rules Continued 1.3 – “Diligence” 1.4 – “Communication” 5.5 – “Unauthorized Practice” 8.4 – “Misconduct, Crime, Deception/Fraud” (a) Violate Rules of Professional Conduct (b) Crime (c) Dishonesty
  • 9. How This Should Have Been Handled Should have withdrawn from representation properly when suspended Should have refunded fees for work he didn’t do Should have worked properly on cases, finished the incomplete case Should have voided forging judge’s signature
  • 10. Punishments Imposed Mr. Clark was disbarred …and convicted of forgery …and disbarred again because of the conviction …and had to pay restitution to his clients and others affected …and had to pay hearing fees to the board.
  • 11. Sources • “In Re: John Jay Clark”, Board of Professional Responsibility of the Supreme Court of Tennessee, May 11, 2016 • “Williamson County Lawyer Disbarred (1)”, Board of Professional Responsibility of the Supreme Court of Tennessee, Dec. 15, 2016 • “Williamson County Lawyer Disbarred (2)”, Board of Professional Responsibility of the Supreme Court of Tennessee, Aug. 9, 2017 • “Williamson County lawyer disbarred twice after forging judge’s signature”, Sarah Grace Taylor, Franklin Home Page, Aug. 20, 2017