293 Ga. 783
Ga.2013Background
- Per curiam disciplinary matter against Burgess arising from six Formal Complaints seeking disbarment.
- Special master denied Burgess’s Petition for Voluntary Discipline, struck her answers for non-response, and admitted factual findings by failure to answer.
- Review Panel approved the master’s findings, incorporating them by reference.
- Burgess admitted violations in S13Y1239 (misappropriation, poor communication), S13Y1241 (poor communication in divorce), S13Y1243 (late dues), S13Y1245 (limited communication), S13Y1246 (trust mismanagement and contempt), and S13Y1247 (no communication, refund issues).
- State Bar sought disbarment; aggravating factors noted; Panel recommended two-year suspension with reinstatement conditions (LPM program and psychiatric evaluation).
- Court ultimately disbarred Burgess, holding no prior discipline mitigates given breadth and gravity of violations, and requiring disbarment under Bar Rule 4-219(c).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether disbarment is the appropriate sanction. | State Bar: multiple, serious violations; aggravating factors justify disbarment. | Burgess: two-year suspension with conditions sufficient; argues mitigating factors. | Disbarment is the appropriate sanction. |
| Whether lack of prior disciplinary history mitigates to less than disbarment. | Prior history not decisive given scope of violations. | No prior history should reduce sanction. | No prior history not a sufficient mitigating factor; disbarment warranted. |
| Whether attribution of misconduct to poor law practice management affects sanction. | Misconduct indicates systemic issues; supports disbarment. | Violations reflect more than poor management; not excusing. | Despite mitigation concerns, violations justify disbarment. |
Key Cases Cited
- In the Matter of Davis, 290 Ga. 857 (2012) (disbarment appropriate where multiple rule violations and aggravating factors)
- In the Matter of Ellison, 282 Ga. 647 (2007) (disbarment when multiple violations of similar rules)
- In the Matter of Williams, 281 Ga. 558 (2007) (disbarment for multiple Rule 1.15 violations)
- In the Matter of Adams, 291 Ga. 768 (2012) (suspensions imposed on worse facts; contextual comparison)
- In the Matter of Porges-Dodson, 274 Ga. 764 (2002) (suspension with substantial misconduct analyzed)
- In the Matter of Ballard, 279 Ga. 663 (2005) (two-year suspension with prior history considerations)