In re Greene
293 Ga. 897
Ga.2013Background
- Michael F. Greene (State Bar No. 307901), admitted to the Georgia Bar in 1993, filed a Petition for Voluntary Discipline admitting violations of multiple Georgia Rules of Professional Conduct.
- Matter 1: Greene settled an automobile-accident case but failed to remit all funds due to an insurer; after a grievance, he fully compensated his client when the insurer declined to assert a claim. He admitted violations of Rules 1.3, 1.4, 1.15(I), 1.15(II), 1.16(d), and 8.4.
- Matter 2: Greene failed to appear at trial in a case for a business-client, resulting in a default judgment; after a grievance he reimbursed the client for the judgment and fees. He admitted violations of Rules 1.3 and 1.4 in this matter.
- Greene disclosed significant personal health problems during the relevant period (clinical depression, alcoholism, bipolar disorder), sought treatment (interim rehabilitation, psychiatric counseling, medication), has not practiced law since the grievances, and expressed remorse.
- The State Bar recommended accepting Greene’s petition, noting mitigating factors (no prior discipline, restitution, cooperation, remorse) and citing prior Georgia cases imposing 18–24 month suspensions for similar misconduct.
- The Court accepted the petition and ordered an 18‑month suspension, conditioned on psychiatric certification and Review Panel reinstatement procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate discipline for admitted rule violations involving mishandling/retention of funds and neglect | Greene asked for an 18–24 month suspension with conditions, emphasizing mitigation, restitution, treatment, and remorse | State Bar supported acceptance and comparable suspension length given authorities and mitigation | Petition accepted; 18‑month suspension imposed |
| Sufficiency of restitution and remedial measures | Greene contended he fully reimbursed clients and cooperated, which warrants mitigation | State Bar acknowledged restitution as mitigating | Court treated restitution and cooperation as mitigating factors in imposing suspension |
| Reinstatement conditions given health/impairment concerns | Greene agreed to psychiatric clearance and condition on reinstatement | State Bar required appropriate certification and standard reinstatement review | Suspension to be lifted only upon psychiatrist certification (dated within 3 months before end of suspension) and Review Panel recommendation; Greene may not practice until Court rules |
| Procedural resolution via Petition for Voluntary Discipline | Greene sought to resolve both matters by petitioning for voluntary discipline | State Bar supported petition to resolve both grievances | Court accepted petition, resolving both matters with the conditioned suspension |
Key Cases Cited
- In the Matter of Ballard, 279 Ga. 663 (examples of 18‑month/2‑year suspensions for client‑fund violations)
- In the Matter of Weems, 270 Ga. 145 (discipline precedent supporting suspension length)
- In the Matter of Hodges, 268 Ga. 114 (discipline precedent supporting suspension length)
- In the Matter of Taylor, 268 Ga. 754 (discipline precedent supporting suspension length)
- In the Matter of Fair, 292 Ga. 308 (procedural requirement that reinstatement petition be submitted to Review Panel)
