In re Hentz, 300 Ga. 413

Background

William D. Hentz, admitted to the Georgia Bar in 1983, filed a petition for voluntary discipline after multiple Formal Complaints (SDB Nos. 6760–6764) alleging client neglect, abandonment, failure to communicate, failure to refund unearned fees, and failure to respond to Notices of Investigation.
Hentz admitted facts underlying each complaint: missed deadlines/defaults, failure to obtain promised relief, refusal to assist in plea proceedings, lack of communication, and failure to return unearned fees; he also admitted failing to respond to Bar investigatory notices.
Hentz acknowledged prior voluntary surrender of his license in 2001 and reinstatement in 2007; he admitted violations of Georgia Rules of Professional Conduct (Rules 1.3, 1.4, 1.16(d), and 9.3).
He explained extensive personal and emotional problems (family tragedies, marital and financial difficulties, substance-related family issues) and reported participation in the Bar’s Lawyers’ Assistance Program and ongoing therapy as mitigation.
The State Bar agreed with the facts and mitigating factors but emphasized aggravating factors (prior discipline, pattern of misconduct, multiple offenses, long experience); it recommended at least a 12-month suspension with reinstatement conditions.
The Court accepted the petition for voluntary discipline and imposed a two-year suspension, with reinstatement conditioned on repayment of unearned fees and certification of mental fitness from a licensed psychologist or psychiatrist (to be provided within the period specified before seeking reinstatement).

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Hentz’s admitted misconduct warrants acceptance of voluntary discipline	Hentz: accept voluntary discipline and impose suspension of at least 12 months with conditions given mitigation	State Bar: accept voluntary discipline but note aggravating factors; recommend ≥12-month suspension with conditions	Court accepted voluntary discipline and imposed a two-year suspension with conditions
Whether admitted conduct violated Rules 1.3, 1.4, 1.16(d), and 9.3	Hentz admitted the violations across the five dockets	State Bar agreed with admissions and violations	Court treated admissions as basis for discipline and imposed suspension
Appropriate length/severity of sanction	Hentz sought ≥12 months suspension with reinstatement conditions (repay fees; mental health clearance)	State Bar: similar sanction but cited aggravators supporting substantial suspension	Court imposed a two-year suspension (longer than requested minimum) with the stated reinstatement conditions
Conditions and procedure for reinstatement	Hentz proposed repayment of unearned fees and certification of mental competence shortly before seeking reinstatement	State Bar agreed to conditions and provided precedent support; Court required compliance and procedural demonstration to Office of General Counsel	Reinstatement permitted only after demonstration of compliance; State Bar to notify Court of compliance for final reinstatement order

Key Cases Cited

In the Matter of Hentz, 274 Ga. 121 (acknowledging prior voluntary surrender and reinstatement)
In the Matter of Koval, 277 Ga. 880 (discipline for abandonment amid personal problems)
In the Matter of Bagwell, 286 Ga. 511 (procedural/disciplinary principles related to suspensions and reinstatement)
In the Matter of Stewart, 280 Ga. 821 (suspension precedent and reinstatement conditions)
In the Matter of Ricks, 289 Ga. 136 (discipline for client abandonment and related sanctions)
In the Matter of Anderson, 294 Ga. 615 (similar discipline where personal problems contributed to professional misconduct)