Attorney Discipline

• Publication year: 2022
• Pages: 0043

Attorney Discipline Summaries

January 11, 2022, through February 1, 2022

BY LEIGH BURGESS

Disbarment Waymon Sims

434 Flat Shoals Ave. SE

Atlanta, GA 30316-1947

Admitted to the Bar 1979

On Jan. 19, 2022, the Supreme Court of Georgia accepted the petition for voluntary surrender of license of Waymon Sims (State Bar No. 648825) which is tantamount to disbarment.

Two disciplinary matters involving Sims came before the Court on the report of the special master who recommended that the Court accept the petitions for voluntary surrender of license filed by Sims after the filing of a formal complaint. In his petitions, Sims requested that he be allowed to voluntary surrender his license for his admitted violations of Rule 1.5 (c) (1), 1.15 (I) (a), 1.15 (II) (a), (b) & (c) (1) (i), and 1.15 (III) (a) & (b) (2). The maximum penalty for a violation of Rule 1.15 (c) (1) is a public reprimand, and the maximum penalty of the remainder of the rules is disbarment. The State Bar responded to both petitions and recommended that they be accepted.

With regard to State Disciplinary Board Docket (SDBD) No. 7294, the special master found that Sims was retained to represent a client in a claim for injuries sustained in an automobile accident. Sims’ retainer agreement with the client failed to state clearly that litigation and other expenses would be deducted after the contingency fee was calculated. After Sims settled the client’s case, he deposited funds into an account ending in 1392. It was discovered that Sims commingled and maintained personal and client funds in account 1392 and that he used account 1392 in multiple ways, including as a business account.

With regard to SDBD No. 7316, the special master found that Sims commingled and maintained personal and client funds in his IOLTA account ending in 4777, his trust account ending in 1392, his IOLTA account ending in 1384, his trust account ending in 6273 and his trust account ending in 2366. In addition, Sims held client funds in accounts ending in 1392 and 6273; neither account properly constituted a trust account because the interest from those accounts did not go to t he client or the Georgia Bar Foundation; and Sims disbursed funds to clients from account 1392. Moreover, Sims deposited personal funds into a trust account, failed to deposit client funds into and administer client funds from a properly constituted trust account, and withdrew funds to pay for personal and business obligations from a trust account. Specifically, from July 2016 to December 2018, Sims deposited client funds in account 1392, which was not properly established as a trust account; in the same period of time, he held funds in accounts ending in 1392 and 4777; and he paid contractors and other expenses from accounts ending in 1392 and 4777. Sims also maintained personal funds in and used funds from accounts 1392 and 6273 to pay personal and business expenses, and while account 1392 was designated as a trust account, it was used for multiple purposes.

The special master agreed with Sims as to the rules violated, noted previous disciplinary cases addressing violations of Rules 1.15 (I), (II) & (III) have resulted in disbarment, and recommended that the Court accept Sims’ petition for voluntary surrender of license.

Suspensions

Cory Howerton Fleming

1501 North St.

P.O. Box...