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In re Hooks
292 Ga. 781
Ga.
2013
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Background

  • Hooks became a member of the State Bar of Georgia in 1993 and was suspended in 2010 for failure to respond to an investigation, with potential sanction of disbarment.
  • The State Bar sought disbarment based on five client grievances, one attorney grievance, and one Investigative Panel finding.
  • In several cases (S12Y1214, S12Y1215, S12Y1479, S12Y0618–S12Y0621), Hooks was served by publication and admitted facts were deemed due to lack of response.
  • In Case S12Y1214, Hooks failed to respond to discovery, did not provide party-sought information, and submitted an unsigned affidavit, violating Rules 1.1, 3.2, 1.4, 1.2, 1.16, 1.3, and 1.16(d).
  • Hooks also represented a client after suspension in federal court without informing the court or client, violating Rules 1.4, 8.4(a)(4), 5.5(a), and 8.4(a)(1).
  • Additional Notices of Discipline alleged fiduciary mismanagement of client funds from a 2008 real estate settlement, with failure to restore funds or address taxes, violating Rules 1.15(I), 1.15(II), 1.16, and 8.4.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Hooks’ conduct warrants disbarment State Bar: repeated misconduct and rule violations justify disbarment. Hooks offered no mitigating factors; no evidence of substantial defense presented. Disbarment justified.
Whether engaging in legal work while suspended violated multiple rules Continued representation and interactions violated suspension conditions and Rule 5.5 and 8.4. Hooks’ conduct illustrates continuing practice during suspension; no acceptable defense stated. Violations established; disbarment proper.
Whether failure to respond to notices and client requests supports discipline Repeated non-responsiveness violated duties to clients and the profession. No defense articulated; defaults and admissions were entered. Culpability shown; supports disbarment.
Whether fiduciary mismanagement of client funds supports discipline Fiduciary funds were mishandled and not accounted for or returned. No substantive defense provided regarding funds. Violation established; disbarment warranted.

Key Cases Cited

  • In the Matter of Okene, 291 Ga. 656 ((2012)) (aggravation factors support disbarment)
  • In the Matter of Kimbrough, 286 Ga. 30 ((2009)) (prior misconduct and restitution considerations)
  • In the Matter of Dickson, 275 Ga. 271 ((2002)) (disciplinary standards and public protection)
Read the full case

Case Details

Case Name: In re Hooks
Court Name: Supreme Court of Georgia
Date Published: Apr 15, 2013
Citation: 292 Ga. 781
Docket Number: S12Y0618, S12Y0619, S12Y0620, S12Y0621, S12Y1214, S12Y1215, S12Y1479
Court Abbreviation: Ga.