Legal Ethics
| Jurisdiction | Georgia,United States |
| Publication year | 2021 |
| Citation | Vol. 73 No. 1 |
Legal Ethics
Patrick Emery Longan
Mercer University School of Law, LONGAN_P@law.mercer.edu
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This Survey covers the period from June 1, 2020, to May 31, 2021.1 The Article discusses developments concerning attorney discipline, bar admission and reinstatement, malpractice and other civil claims, ineffective assistance of counsel, disqualification of counsel and conflicts of interest, judicial conduct and recusal, attorney's fees and liens, contempt, formal advisory opinions, amendments to the Georgia Rules of Professional conduct, and one miscellaneous matter.
A. Disbarments
1. Trust Accounts and Other Financial Issues
Five lawyers lost their licenses during the Survey period due to misconduct with respect to their trust accounts or because of other financial improprieties.2
The Georgia Supreme Court accepted Evelyn A. Miller's petition for the voluntary surrender of her license after she consented to the revocation of her law license in Virginia.3 The misconduct in Virginia concerned Ms. Miller's work for a title agency at the same time as she had her own law practice. Her primary role for the title agency was to
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supervise settlements, and for six transactions there were significant sums (totaling more than $250,000) that were to be held in a designated escrow account post-closing. Instead, Ms. Miller wired the funds into her law firm's checking account, and she admitted that the funds for four of the transactions were spent.4
David R. Sicay-Perrow defaulted in the disciplinary process and thereby admitted allegations that led the supreme court to disbar him.5 Mr. Sicay-Perrow settled a civil claim for two clients but deposited the settlement proceeds into his business checking account rather than his firm's trust account. Over the next few years, Mr. Sicay-Perrow did not send his clients their funds and repeatedly failed to communicate with his clients. He eventually sent them several checks, one from his business checking account rather than his trust account and several trust account checks that sent the clients funds that belonged to other clients and left the trust account without sufficient funds to repay the money owed to those other clients. The supreme court found that there were aggravating factors, including Mr. Sicay-Perrow's thirty years of experience, dishonest conduct, and prior disciplinary history.6
Joseph Harold Turner Jr. defaulted in the disciplinary process and was disbarred.7 Mr. Turner represented a client in a civil case and was wired his client's settlement funds. Mr. Turner did not, however, turn the funds over to the client or respond to the client's inquiries about the matter. Separately, Mr. Turner's trust account became overdrawn, and he failed to respond to the State Bar's inquiries about the overdraft.8
Neil Richard Flit voluntarily surrendered his license after two grievances were filed against him.9 Mr. Flit admitted that he settled personal injury cases and deposited the proceeds into his trust account but did not account for or deliver the funds to the administrator of the client's estate (in one case) or to the client (in the other case).10
The Georgia Supreme Court also disbarred Leighton Reid Berry Jr.11 Mr. Berry, who had been disciplined four times before, could not be found and was served by publication. When he did not respond to the notice of discipline, Mr. Berry was deemed to have admitted the allegations against him, which concerned his representation of a personal injury
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client. Mr. Berry did not enter into a written agreement with his client or explain the basis for his fees and expenses. Although Mr. Berry and the client agreed that Mr. Berry would pay the client's physical therapist from the settlement proceeds, Mr. Berry failed to do so and neglected to inform his client of the settlement or of his failure to pay the therapist. Mr. Berry misappropriated the funds that were to be used to pay the therapist and did not maintain proper records related to the settlement funds.12
2. Client Abandonment and Lack of Communication
The Georgia Supreme Court disbarred three lawyers for misconduct that included client abandonment and lack of communication.
George Michael Plumides was disbarred after he defaulted in connection with five different disciplinary matters.13 The court described the misconduct as "a pattern of abandoning clients in civil and criminal matters."14 Mr. Plumides's misconduct included failure to disburse settlement proceeds to clients, failure to appear for calendar calls, a contempt finding for which he was jailed for five weeks, payment of a client's filing fees with a bad check, and failure to respond to his clients' requests for information about their case. The supreme court found several aggravating factors, including prior discipline, dishonest or selfish motives, a pattern of misconduct with multiple offenses, refusal to acknowledge wrongful conduct, vulnerable victims, substantial experience, and indifference to restitution.15
Patrick A. Powell was disbarred for his abandonment of a client in a criminal case.16 By defaulting in the disciplinary matter, Mr. Powell admitted that he undertook to represent the client and entered an appearance but thereafter failed to do any work on the case, to appear at pretrial and status conferences, or to respond to requests for an update on the case or to efforts of the court and prosecutor to contact him. In aggravation of discipline, the Georgia Supreme Court agreed with the Special Master that Mr. Powell had received prior punishment, had a dishonest or selfish motive, and engaged in a pattern of misconduct concerning a vulnerable victim, even though he had substantial experience in the practice of law.17
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The Georgia Supreme Court accepted the petition for voluntary surrender of Ernest Redwine's license.18 Mr. Redwine undertook to represent a client in a personal injury matter and falsely told the client that he was working on the case. The day before the statute of limitations would have run, he filed an action but failed to have the defendant served and declined to appear for a calendar call. The trial court dismissed the case with prejudice, but Mr. Redwine did not inform his client of that fact. Concerning mitigation and aggravation, the court found that Mr. Redwine did not have a prior disciplinary record but that he acted with a dishonest motive and had substantial experience in the practice of law.19
The Georgia Supreme Court disbarred Majd M. Ghanayem as a matter of reciprocal discipline after he lost his license in Texas.20 The Texas panel disbarred Mr. Ghanayem based on his misconduct in his representation of a client who wished to file an involuntary relinquishment of her son's biological father's parental rights. Mr. Ghanayem failed to file the case on time and neglected to keep the client reasonably informed. In fact, Mr. Ghanayem gave his client a fraudulent order with the forged signature of a judge.21
3. Criminal Activity
Three lawyers were disbarred as a result of criminal conduct.
The Georgia Supreme Court accepted the voluntary surrender of Vincent Chidozie Otuonye's license.22 Mr. Otunonye was convicted of the felony of Criminal Attempt to Furnish Prohibited Items (tobacco) to Inmates.23
Elizabeth Vila Rogan voluntarily surrendered her license.24 She was indicted on one count of forgery because she signed a judge's initials to an order without obtaining the judge's express permission. Ms. Rogan pled nolo contendere under the First Offender Act to the crime of obstruction of an officer.25 She admitted that she violated Rule 4.1, Rule 8.4(a)(3), and Rule 8.4(a)(4).26
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The Georgia Supreme Court accepted Don Smart's voluntary surrender of his license after Mr. Smart pled guilty to theft by conversion.27 The theft involved Mr. Smart's service as an administrator of an estate and his sale of real property of the estate for more than $500,000. Rather than deposit the funds into his trust account, Mr. Smart converted the funds to his own use.28
4. Miscellaneous Disbarments
Four other lawyers lost their Georgia licenses during the Survey period.
Cynthia Ann Lain was disbarred after she engaged in misconduct in connection with five disciplinary cases.29 Ms. Lain's failure to comply with her discovery obligations in those cases led the Special Master to strike her answers, finding that her conduct amounted to at least reckless disregard for the process and for those involved in it and, at worst, was an intentional effort to avoid or delay the process. Because her answers were stricken, Ms. Lain was deemed to have admitted the allegations in the five formal complaints pending against her. Those underlying cases involved repeated failure to appear for court hearings, numerous findings of contempt (including bench warrants for her arrest), misrepresentations to courts about her unavailability to attend hearings, and failing to respond to client inquiries or to take required steps upon being discharged. The Special Master and the supreme court applied the American Bar Association Standards for Imposing Lawyer Discipline and concluded that disbarment was the appropriate sanction.30
Daniel Lee Dean, who was being treated for terminal cancer, sought to voluntarily surrender his license to resolve three grievances against him.31 Mr. Dean promised not to seek reinstatement if he recovered from his illness, and the supreme court accepted the voluntary surrender of Mr. Dean's license.32
The Georgia Supreme Court accepted the voluntary surrender of the license of Pamela Sturdivant Stephenson.33 Ms. Stephenson petitioned to surrender her license in response to a grievance alleging numerous
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violations of the Georgia Rules of Professional Conduct involving dishonesty, fraud, deceit, or misrepresentation.34
The supreme court disbarred Dennis W. Hartley as...
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