Attorney Says Victims of Jailed Lawyer Have Waited Too Long

By Walter F. Roche Jr

Victims of a jailed and disbarred Nashville attorney have waited long enough for a chance to recoup nearly $1 million stolen from them, according to the lawyer for two of those victims.
In motions filed Monday in Davidson Probate Court, Paul Gontarek charged that an attempt by Metro government to have the cases transferred to another judge would lead to inevitable delays and additional costs.
Citing the "criminal actions" of disbarred lawyer John E. Clemmons, Gontarek wrote, "There is no reason to delay the process further."
The filings in the cases of the estate of William Link and the conservatorship of Donald Griggs come nearly two years after Clemmons was sentenced to an 18-year jail term after pleading guilty to charges he stole from the very clients - including Link and Griggs -he had been appointed to protect.
Gontarek, who was named as Clemmons' successor in both cases by Probate Judge David "Randy" Kennedy,  had filed motions in the two probate cases to have Clemmons declared in default for not responding to the theft charges.
Metro lawyers, however, countered with a motion to have the cases transferred to a senior circuit judge who is hearing separate cases Gontarek had filed against Metro government itself. In those cases he charged that had Metro officials done their jobs of overseeing the two cases, the thefts could never have occurred.
In the motions filed this week Gontarek argued  that sending the probate cases to another judge, Senior Judge Ben Cantrell, in another court, Davidson Circuit, would lead to delays because the other judge would have to familiarize himself with the cases.
Instead, Gontarek urged the court to go ahead and act on his pending motions to have Clemmons declared in default and then assess damages.
"The sooner a damages hearing can be held, the sooner Mr. Gontarek can begin to identify possible assets owned by Mr. Clemmons."
Gontarek said in his motion that keeping the cases in probate court would not increase Metro's potential liabilities, $505,907.19 in the Link case and $157,050 in the Griggs case.
Clemmons has admitted to stealing $771,009 from the Link family and $172,506.35 from Griggs. He also entered guilty pleas in two other theft cases, one in Davidson County and the other in Rutherford County.
Overall he admitted to stealing well over $1 million.
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