In re Hunt
304 Ga. 635
| Ga. | 2018Background
- Richard Allen Hunt, admitted 1973, had five prior disciplinary sanctions and was reported after a 2015 probate hearing; State Bar filed a formal complaint in Feb. 2018 and Hunt admitted most factual allegations in a verified answer.
- Hunt represented a mother and her two minor sons in a wrongful-death matter; settlement proceeds ($50,000 to mother, $25,000 to each child) were placed in accounts Hunt handled while representing the mother as conservatrix.
- Beginning in 2011 and through 2014, Hunt removed and repeatedly withdrew the minors’ funds from his attorney trust account, spent the money on personal and business expenses (and to finance a separate MARTA personal-injury case), and delayed delivering funds to the successor conservatrix; checks he issued later bounced and restitution occurred only after discovery and court order.
- Special Master granted State Bar’s motion for judgment on the pleadings, finding violations of Georgia Rules 1.15(I)(a), 1.15(I)(c), 1.15(II)(b), and 8.4(a)(4) (misappropriation/commingling/failure to deliver/honesty violations).
- At mitigation hearing Hunt argued for suspension citing lengthy practice, prior public service, pro bono work, advanced age and prostate cancer, and an asserted (but found not credible) oral client consent and anticipated recovery from the MARTA case; Special Master rejected mitigation, found multiple aggravating factors, and recommended disbarment.
- Supreme Court agreed with the Special Master and disbarred Hunt, citing ABA Standards and prior Georgia disciplinary precedents for similar trust-account misappropriation matters.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hunt violated trust-account and fiduciary rules (1.15(I)(a), 1.15(II)(b)) by withdrawing and using minors’ funds | Hunt knowingly converted and commingled client/third‑party funds and caused injury/potential injury | Hunt admitted withdrawals but claimed oral consent by client and that funds were used to advance a client‑related MATRA case; emphasized eventual repayment | Violations proven: conversion and commingling; Rule breaches established. |
| Whether Hunt failed to promptly deliver funds and account/notify (1.15(I)(c)) | Hunt failed to notify, promptly deliver funds to successor conservatrix, and issued bad checks | Hunt claimed he offered to deliver funds and attempted to transfer funds; pointed to repayment after discovery | Held: Failure to promptly deliver/notify; violation established. |
| Whether Hunt engaged in dishonesty or deceit (8.4(a)(4)) | Hunt misrepresented he would deliver funds and dishonestly used fiduciary money | Hunt asserted client knowledge/consent and lack of intent to permanently deprive; cited mitigating personal circumstances | Held: Violations of 8.4(a)(4) proven; dishonesty established. |
| Appropriate discipline: suspension vs disbarment | State Bar: disbarment is warranted given knowing conversion, aggravating factors, and prior discipline | Hunt: lengthy service, pro bono, health/age, repayment, and asserted client consent justify suspension instead | Held: Disbarment affirmed due to knowing misappropriation, multiple aggravators (prior discipline, selfish motive, pattern, vulnerable victims), weak mitigation, and precedents treating trust-account theft as warranting disbarment. |
Key Cases Cited
- In the Matter of Morse, 265 Ga. 353 (guidance endorsing ABA Standards for sanctions)
- In the Matter of Morse, 266 Ga. 652 (continuing discussion on ABA Standards application)
- In the Matter of Rose, 299 Ga. 665 (disbarment for trust-account misappropriation)
- In the Matter of Morgan, 303 Ga. 678 (two-year suspension on voluntary discipline for similar rule violations where mitigation present)
- In the Matter of Coulter, 304 Ga. 81 (court treats trust‑account violations as exceptionally serious)
- In the Matter of Mathis, 289 Ga. 176 (disbarment for misappropriation with limited mitigation)