In re Hooks
292 Ga. 781
Ga.2013Background
- 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)
