In re Fair, 300 Ga. 655

Morris P. Fair, Jr., a Georgia lawyer admitted in 2000, faced two State Disciplinary Board matters (Dockets 6829 and 6830) alleging multiple violations of the Georgia Rules of Professional Conduct.
Fair defaulted by failing to answer the complaints; the special master entered default judgment and treated the factual allegations as admitted.
Docket 6829: Fair continued representing a client while under interim and full suspensions, failed to respond to discovery and court orders, had the client's complaint struck and sanctions awarded against the client, failed to return client materials, and failed to communicate with the client.
Docket 6830: Fair accepted a criminal case payment, failed to diligently or promptly represent the client, ceased representation without proper notice or withdrawal motion, failed to timely deliver the client file or refund fees, and made a false statement to the Bar about filing a motion to withdraw.
The special master found prior discipline (admonitions, prior suspensions and interim suspensions), numerous aggravating factors (pattern, multiple offenses, substantial experience), no mitigating factors, and recommended disbarment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Fair violated duties of diligence, communication, and competence (Rules 1.2, 1.3, 1.4, 1.16)	State Bar: admitted facts show abandonment, failure to communicate, failure to withdraw properly, failure to return files or refund fees	Fair: no responsive defense (defaulted)	Court found violations as charged
Whether Fair practiced while suspended (Rule 5.5(a))	State Bar: Fair continued representation during interim/full suspensions	Fair: no response	Court found violation
Whether Fair made false statements to the Bar (Rule 8.1(a))	State Bar: Fair falsely represented he filed a motion to withdraw	Fair: no response	Court found violation
Appropriate sanction given misconduct and disciplinary history	State Bar: disbarment warranted given pattern, multiple offenses, and prior sanctions	Fair: no responsive argument in these matters; prior proceedings led to suspension and voluntary discipline in earlier case	Court held disbarment is appropriate and removed Fair from the rolls

In the Matter of Hayes, 291 Ga. 90 (disbarment appropriate for abandonment, failure to communicate, and resulting harm)
In the Matter of Weathington, 289 Ga. 19 (disbarment appropriate where attorney abandoned clients, failed to communicate, and provided inadequate representation)
In the Matter of Fair, 288 Ga. 17 (prior decision accepting petition for voluntary discipline and imposing indefinite suspension)