Lawyer Discipline
| Publication year | 2009 |
| Pages | 0058 |
Lawyer Discipline
Discipline Summaries
(Feb. 14 - April 10, 2009)
by Connie P. Henry
Disbarments
Pierce Winningham III
Kennesaw, Ga.
Admitted to Bar in 1994
On March 9, 2009, the Supreme Court of Georgia accepted the petition for voluntary surrender of license of Pierce Winningham III (State Bar No. 770875). Winningham represented a client in a personal injury case on a contingency basis, but without a written fee agreement. He settled the case for $15,000 and $1,400 was paid directly to the medical provider by the insurance company. He received a check for $13,600 and paid his client $8,050 after deducting a 33 percent fee and withholding an additional $2,000 for a medical bill he agreed to pay from the proceeds. He did not provide his client with a settlement statement. He failed to pay the medical bill and converted the $2,000 for his own use.
In another matter, Winningham represented a client in a divorce case and accepted $28,000 in disputed marital funds to be held in escrow. Winningham commingled the client funds with his personal funds and spent funds belonging to the client for his personal use.
Winningham was disbarred in 1971 by the Supreme Court of Tennessee for misappropriation of funds. He was reinstated to the Tennessee Bar in 1994 and thereafter became a member of the State Bar of Georgia.
The Court noted in mitigation of discipline that Winningham attempted to enter into payment plans with the clients, but that he was unable to make full restitution. He is extremely remorseful for the harm he caused and his prior disciplinary offense was over 35 years ago. He also exhibited a cooperative attitude towards these proceedings. In aggravation, the Court noted Winningham's history of prior discipline and that he has not made restitution to either client.
Suspensions
Richard R. Harste
Savannah, Ga.
Admitted to Bar in 1986
On Feb. 23, 2009, the Supreme Court of Georgia accepted the petition for voluntary discipline of Richard R. Harste (State Bar No. 333333) for a one-year suspension with conditions for reinstatement. Harste was an agent for Old Republic Title Insurance Company and was entrusted with numbered title insurance policy forms for possible issuance of title insurance policies and sharing of policy premiums he issued. Harste terminated his relationship with ORTIC but kept the unissued policy forms. He did not...
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