In re Lang
292 Ga. 894
Ga.2013Background
- Lang admitted violations of Rules 1.4, 1.15(II), and 4.1 and agreed to up to a twelve-month suspension with reinstatement conditions.
- Lang represented Dr. William Ross in a lawsuit on a note; settlement required $100,000 payable to plaintiff in November 2011, funded by Ross to Lang in installments to be remitted on Ross's behalf.
- Lang’s law firm faced serious financial problems; Lang drew on trust funds, including funds paid by Ross, to pay firm expenses with intent to reimburse from other settlements.
- By August 2011 Ross had paid Lang the full settlement amount; Lang did not immediately remit it to the plaintiff and began deceptive practices to hide the delay.
- Lang sent misleading transmittal letters and attempted to create a false impression that a check had been sent; funds were dishonored, and Lang blamed unrelated trust transactions for the dishonor.
- In 2012, after a judgment against Ross and post-judgment discovery, Lang began paying portions of the settlement; he failed to inform Ross that settlement funds were never paid to the plaintiff.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Lang violate Rules 1.4, 1.15(II), and 4.1 by misusing trust funds and deceiving the client and opposing counsel? | Lang misused client trust funds and deceived others about payment. | Lang admits wrongdoing, has restored funds, and seeks discipline with mitigation. | Yes, violations established and discipline warranted. |
| What is the appropriate discipline for Lang’s misconduct? | Discipline should reflect seriousness and align with comparable cases, potentially longer than six months. | Lang requests six months; argues existing sanctions in similar cases justify limited suspension. | Twelve-month suspension with reinstatement conditioned on fitness. |
| Should mitigating and aggravating factors affect the sanction? | Mitigating factors lessen severity of discipline. | Mitigating factors (restitution, psychiatric treatment, remorse) support a lesser sanction, though not six months. | Mitigating factors considered; aggravating deception warrants twelve months. |
Key Cases Cited
- In the Matter of Terrell, 291 Ga. 91 (2012) (six-month suspension for misuse of client funds)
- In the Matter of Carragher, 289 Ga. 826 (2011) (one-year suspension with conditions)
- In the Matter of Fitch, 289 Ga. 253 (2011) (one-year suspension with conditions)
- In the Matter of Taylor, 284 Ga. 867 (2009) (six-month suspension and Review Panel reprimand)
- In the Matter of Babson, 283 Ga. 382 (2008) (one-year suspension with conditions)
- In the Matter of Jones, 280 Ga. 302 (2006) (twelve-month suspension)
- In the Matter of Summers, 278 Ga. 57 (2004) (six-month suspension)
- In the Matter of Ross, 272 Ga. 448 (2000) (twelve-month suspension with conditions)
- In the Matter of Fair, 292 Ga. 308 (2013) (reinstatement after fitness certification)