The Miss. Bar v. Gilmer
Docket Number: | 2006-BD-00752-SCT Linked Case(s): 2006-BD-00752-SCT |
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Supreme Court: | Opinion Link Opinion Date: 10-26-2006 Opinion Author: Waller, P.J. Holding: Michael E. Gilmer is suspended from the practice of law in the State of Mississippi for a period of five years from the date of entry of this order. |
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Additional Case Information: |
Topic: Bar discipline - Conclusive proof of guilt - Miss.R.Disc. 13 - Suspension Judge(s) Concurring: Smith, C.J., Cobb, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ. |
Party Name: | Attorney Name: | |||
Appellant: | The Mississippi Bar |
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Appellee: | Michael E. Gilmer |
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Synopsis provided by: If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
Topic: | Bar discipline - Conclusive proof of guilt - Miss.R.Disc. 13 - Suspension |
Summary of the Facts: | The Mississippi Bar filed a complaint seeking disciplinary action against attorney Michael E. Gilmer, based on the Supreme Court of Tennessee’s imposition of a five-year suspension from the practice of law. The Tennessee Supreme Court took action against Gilmer after eight individuals filed complaints against him with the Tennessee Bar Association. Gilmer either failed to file the required action or failed to follow through with the cases for which he was retained. He did not return the complainants’ money or respond to any of the complainants repeated phone calls and requests for information. |
Summary of Opinion Analysis: | This judgment constitutes conclusive proof of guilt under the Mississippi Rules of Discipline 13; therefore it is unnecessary for any further fact-finding. The sanction imposed in this State generally mirrors the sanction imposed in the sister state, absent extraordinary circumstances which compel, justify or support variance from the foreign jurisdiction's sanction. Because Gilmer has not responded to the formal complaint either before the Complaint Tribunal or before the Supreme Court, there are no mitigating factors to consider. Therefore, a five-year suspension from the practice of law in the State of Mississippi is appropriate. |
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