289 Ga. 912
Ga.2011Background
- Brown has been suspended from practicing law since February 1, 2010 after the Court’s order for failure to respond adequately to a Notice of Investigation.
- The State Bar filed discipline notices addressing two matters and later a formal complaint addressing those two plus a third; a Rule 4-106 petition addressed a misdemeanor conviction for theft of services.
- Brown initially petitioned for voluntary discipline and later amended to address four additional matters, including the misdemeanor conviction; the Bar did not object to hearing all seven matters together.
- The special master found misconduct in eight areas across seven matters, including abandonment of six clients, accepting representations outside competence, travel burdens due to transportation issues, moving out-of-state without proper withdrawal, failing to return client files or unearned fees, and issues with withdrawing from representation.
- In the 2008–2009 conduct as a public defender and private practitioner, Brown acknowledged certain arrangements with an inmate for calls, with costs billed to another number.
- The Court adopted the special master’s findings and concluded disbarment is the appropriate sanction, noting multiple offenses and the need to protect the public and maintain professional confidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether disbarment is appropriate for seven disciplinary matters. | Bar supported disbarment given multiple serious offenses. | Brown argued for lesser sanctions or voluntary discipline, challenging the severity. | Disbarment is appropriate. |
| Whether abandonment of clients and failure to return files/fees justify disbarment. | Conduct shows gross incompetence and ethical breaches warrant disbarment. | Mitigating circumstances reduce culpability and sanction could be lesser. | Yes, supports disbarment. |
| Whether pattern and magnitude of misconduct justify severe discipline despite mitigation. | Multiple offenses and pattern support disbarment for public protection. | Remorse and lack of prior discipline should weigh in favor of less. | Disbarment warranted. |
| Whether the record reflects responsible withdrawal and client file handling appropriate to ethical standards. | Record demonstrates persistent withdrawal failures and mismanagement. | Brown claimed lack of knowledge about withdrawal procedures. | Record supports disbarment. |
Key Cases Cited
- In the Matter of Ortman, 289 Ga. 130 (2011) (disbarment appropriate for multiple offenses)
- In the Matter of Evans, 289 Ga. 744, 715 S.E.2d 131 (2011) (disbarring attorney who abandoned clients and failed to return files)
