In re Coulter
301 Ga. 895
Ga.2017Background
- Multiple grievances filed in 2011–2012 against attorney Gary L. Coulter alleging mishandling of a long-time client’s funds and property; State Bar filed a formal complaint in February 2014.
- Coulter expanded representation to manage the client’s business receipts and accounts; he opened accounts (some without client knowledge) and transferred client funds through his operating account to pay attorney fees.
- In the final ten months of representation Coulter administered over $1 million and paid himself about $400,000; he stopped providing regular billing after 2008 and could not explain discrepancies in invoices.
- Coulter took possession of over 100 pieces of the client’s artwork (claimed value > $850,000) as security for fees; no signed security agreement was produced and Coulter did not advise independent counsel or warn of conflicts before taking the art.
- Coulter admitted violations of multiple Georgia Rules of Professional Conduct (Rule 1.15(I), 1.15(II), 1.7, 1.8, 1.5(a)) in a December 2015 petition for voluntary discipline requesting a public reprimand or up to a two-year suspension; State Bar indicated it would accept discipline at Coulter’s offered upper range.
- The special master recommended a two-year suspension, but the Supreme Court of Georgia rejected the petition for voluntary discipline and directed the State Bar to proceed expeditiously, citing seriousness of violations and Coulter’s prior discipline.
Issues
| Issue | Plaintiff's Argument (State Bar) | Defendant's Argument (Coulter) | Held |
|---|---|---|---|
| Whether to accept Coulter’s petition for voluntary discipline | Bar supported the petition and would accept the upper-range suspension Coulter offered | Coulter admitted multiple rule violations and requested voluntary discipline up to two years | Rejected — Court refused to accept the voluntary discipline petition given the gravity of admitted violations and prior discipline |
| Appropriate severity of discipline for admitted violations (misappropriation, commingling, conflicts, business transaction with client, fee issues) | Serious misconduct warrants substantial discipline; Bar signaled acceptance of up-to-two-year suspension but noted gravity | Coulter proposed public reprimand with conditions or suspension up to two years; expressed he may not return to practice | Court determined greater discipline than Coulter sought was warranted; rejected voluntary arrangement and ordered Bar to proceed expeditiously (implying potential for more severe sanction) |
| Presence of dishonest motive and aggravating factors | Record supports dishonest motive and aggravating circumstances; prior discipline increases need for deterrence | Coulter denied some allegations but admitted many rule violations and offered to accept suspension | Court found record supports dishonest motive and aggravating circumstances and considered prior discipline significant in rejecting the petition |
| Timeliness and procedural handling of grievances | Bar’s delayed filing (grievances in 2011–2012; complaint in 2014) but Bar supported the voluntary petition | Coulter sought resolution via voluntary discipline after discovery and admission | Court noted the delay and directed the State Bar to proceed expeditiously in light of the elapsed time |
Key Cases Cited
- In the Matter of Coulter, 300 Ga. 654 (797 S.E.2d 492) (2017) (prior reprimand for overcharging and failure to honor reimbursement agreements)
- In the Matter of Hunt, 301 Ga. 661 (802 S.E.2d 243) (2017) (court rejected voluntary discipline where serious Rule 1.15(II)(b) violations and prior disciplinary history warranted greater sanction)
- In the Matter of Harris, 301 Ga. 378 (801 S.E.2d 39) (2017) (accepted recommendation of disbarment for misappropriation and commingling absent prior disciplinary history)
- In the Matter of Maccione, 289 Ga. 17 (710 S.E.2d 745) (2011) (court refused to accept minimal voluntary discipline for serious admitted violations)