305 Ga. 35
Ga.2019Background
- Heather E. Jordan was retained in 2011 for a divorce and later agreed to handle a client's custody matter in 2016.
- From Jan–May 2016 the client repeatedly sought status updates by email, text, and phone; Jordan failed to respond promptly or perform required work.
- Jordan provided incorrect information to opposing counsel in discovery, then ceased communicating and stopped working on the case.
- The client retained new counsel and requested his file; Jordan did not timely surrender the file, only eventually sending it after delays and multiple requests.
- No exceptions were filed to the special master's report; Jordan has no prior disciplinary record and has limited experience practicing law.
- The special master recommended a public reprimand; the Supreme Court of Georgia adopted the findings and imposed a public reprimand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Violation of Rule 1.2 (scope/consultation) | Jordan failed to communicate/consult about scope and objectives | No exceptions filed; mitigation: inexperience, no prior record | Court found a Rule 1.2 violation and admitted facts support it |
| Violation of Rule 1.3 (diligence) | Jordan neglected client matters and failed to perform required work | Mitigation urged but did not negate misconduct | Court found a Rule 1.3 violation |
| Violation of Rule 1.4 (communication) | Jordan ignored numerous client inquiries and failed to keep client informed | Mitigation cited; no rebuttal of admitted facts | Court found a Rule 1.4 violation |
| Violation of Rule 1.16 (surrender of file) | Jordan failed to timely surrender client file to client/new counsel | Jordan ultimately produced file after delay; no timely compliance | Court found a Rule 1.16 violation |
Key Cases Cited
- In the Matter of Morse, 265 Ga. 353, 456 S.E.2d 52 (1995) (ABA Standards guide discipline analysis)
- In the Matter of Stewart, 301 Ga. 227, 800 S.E.2d 279 (2017) (discipline precedent cited for appropriate sanction)
- In the Matter of Gantt, 302 Ga. 3, 804 S.E.2d 336 (2017) (discipline precedent cited for appropriate sanction)