Attorney Discipline

• Jurisdiction: Georgia,United States
• Citation: Vol. 24 No. 6 Pg. 0059
• Pages: 0059
• Publication year: 2019

Attorney DisciplineVol. 24 No. 6 Pg. 59Georgia Bar JournalJune, 2019

March 11, 2019 through May 10, 2019

Attorney Discipline Summaries

BY JESSICA OGLESBY

Disbarment

Neil Larson

P.O. Box 1277

Lithia Springs, GA 30122

On March 11, 2019, the Supreme Court of Georgia disbarred attorney Neil Larson (State Bar No. 438468) from the practice of law. Larson was personally served with four disciplinary formal complaints, but failed to file responses as required by Bar rules. As a result of his default, the facts alleged and violations charged in the formal complaints were deemed admitted.

In three separate cases, Larson agreed to represent clients in criminal matters. The clients paid Larson in advance for the representation, but he failed to consult with them concerning the scope of the representation; failed to communicate with them or to respond to inquiries; failed to appear at scheduled hearings; failed to pursue the cases diligently; and ultimately failed to refund unearned fees. Larson also waived one client’s rights without authorization, and in another he made misrepresentations to the client’s family about the status of the matter.

In the fourth case, Larson agreed to represent a client in a case in state court.

He failed to appear at hearings; he failed to communicate with his client; and he failed to respond to inquiries or notices from the court. In all four of the cases, Larson abandoned his clients’ cases to their detriment. Larson violated Rules 1.2, 1.3, 1.4, 1.16 (d), 3.2, 8.4 (a) (4), and 9.3 of the Georgia Rules of Professional Conduct. The maximum sanction for a violation of Rules 1.2 (a), 1.3, and 8.4 (a) (4) is disbarment, and the maximum sanction for a violation of Rules 1.4, 1.16, 3.2, and 9.3 is a public reprimand.

In aggravation, Larson acted dishonestly in collecting a fee and abandoning his clients’ cases and violated multiple rules of professional conduct. Larson had prior disciplinary history and multiple disciplinary actions pending at the time he defaulted in these matters, which shows a pattern of neglect.

Suspension

Don Smart

P.O. Box 10206

Savannah, GA 31412

On April 29, 2019, the Supreme Court of Georgia accepted a petition for voluntary suspension for attorney Don Smart (State Bar No. 653525). On Dec. 27, 2018, Smart was charged with a felony count of theft by conversion. Smart was ordered to be suspended from the practice of law during the pendency of the criminal...