Tuesday, September 20, 2016

Fees Approved in Former Clemmons Case



By Walter F. Roche Jr.

Fees and expenses of a little more than $35,000 have been approved by Davidson Probate Judge David "Randy" Kennedy but efforts by lawyer to recoup money for victims of a now jailed and disbarred lawyer seem to have slowed to a crawl.
The fees for two lawyers assigned to recoup money stolen by John E. Clemmons were approved late last week. A little over $14,000 will go to Patrick Mason, a Memphis area attorney, and the balance will go to Nashville lawyer Paul Gontarek.
The fees were awarded in one of four cases Gontarek was assigned to take over after the 69-year-old Clemmons pled guilty to stealing more than $1 million from clients in Davidson and Rutherford counties. Clemmons is serving an 18-year prison sentence.
Following his appointment Gontarek filed suit against Metro government charging that had court officials done their job in monitoring Clemmons activities, the thefts would have been detected at a much earlier stage.
A hearing was held some four months ago before Senior Judge Ben Cantrell, but there has been no decision thus far on Metro's efforts to have the suit dismissed.
The fees approved by Kennedy come from the estate of William C. Link. Clemmons admitted to stealing $771,009 from Link's estate.
Metro is also being sued for $157,050 in a second case. Clemmons admitted to stealing that amount from Donald Griggs while the then attorney was overseeing his conservatorship.
The latest fee approval boosts the fees incurred in the Link and Griggs cases since Clemmons was removed to more than $100,000.
Gontarek reported to the probate court recently that he did recoup $375,000 from a bond Clemmons was required to maintain.
In addition to the suits against Metro, Gontarek has is pursuing a claim in federal court against Clemmons' malpractice insurance carrier.
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