In re Levine, 303 Ga. 284

Background

Sam Louis Levine, admitted 2004, faced three consolidated State Bar formal complaints alleging neglect and misconduct in two client matters and extensive misconduct arising from his contentious divorce.
Levine failed to respond to Bar discovery, filed a broad leave-of-absence notice covering most of 2017, and willfully missed a sanctions hearing; the special master found his discovery failures intentional and struck his answers, deeming the complaint allegations admitted.
Facts deemed admitted: Levine failed to file answers for a client in multiple civil actions (leading to default judgment and wage garnishment) and misled that client and the Bar about settlement efforts; in another client matter he neglected preparation, then resisted co-counsel and later associated counsel who obtained a favorable settlement.
In his divorce proceedings (largely self‑represented) Levine pursued numerous meritless suits and complaints against judges, family members, and others, sent threatening communications, was held in contempt and jailed, and refused to comply with orders; a psychiatric examination provision was later included in a consent order.
The special master found violations of multiple Georgia Rules of Professional Conduct (including rules whose maximum sanction is disbarment), identified many aggravating factors (dishonesty, pattern of misconduct, obstruction, lack of remorse, extensive experience), found limited mitigation (claimed emotional problems without medical proof), and recommended disbarment.
The Review Panel and the Supreme Court adopted the special master’s findings, rejected Levine’s procedural and substantive challenges, and ordered Levine disbarred.

Issues

Issue	Plaintiff's Argument (Bar)	Defendant's Argument (Levine)	Held
Validity of sanctions/default for discovery failures	Sanctions and striking answers were proper for willful discovery noncompliance; admitted facts may be treated as admitted	Sanction order improper; without default he should be allowed to present evidence	Court upheld sanctions/default; striking pleadings was authorized and facts deemed admitted
Requirement of prior order compelling discovery before sanctions	Special master may impose sanctions without prior order compelling discovery under Bar rules and OCGA discovery authority	Argued procedural protections required or order was invalid	Court rejected this; special master authorized to sanction and strike pleadings for discovery failures
Ability to relitigate underlying factual disputes after default	Bar: default admits allegations; Levine cannot relitigate admitted facts	Levine sought to contest factual allegations and relitigate divorce and client matters	Court held admitted facts stand and relitigation is barred by default sanction
Appropriateness of disbarment given misconduct and mental/fitness concerns	Disbarment warranted based on dishonest motive, pattern of misconduct, obstruction, multiple offenses; emotional issues unproven	Argued various procedural defects and underlying personal/mental issues justify lesser sanction or relief	Court affirmed disbarment; noted mental/fitness concerns but relied on misconduct record and aggravating factors to impose disbarment

Key Cases Cited

In the Matter of Burgess, 293 Ga. 783 (2013) (special master authorized to strike answers for discovery failures)
In the Matter of Browning-Baker, 292 Ga. 809 (2013) (striking answer after failure to appear and respond to discovery justified)
In the Matter of Hawk, 269 Ga. 165 (1998) (facts in formal complaint deemed admitted after pleadings struck for discovery noncompliance)
In the Matter of Nicholson, 299 Ga. 737 (2016) (disbarment affirmed for pattern of bizarre, deceitful, and obstructive conduct)
In the Matter of Minsk, 296 Ga. 152 (2014) (disbarment where lawyer made knowingly false statements to client, court, and third parties)
In the Matter of Rolleston, 282 Ga. 513 (2007) (disbarment for repeatedly asserting meritless claims and continuing to burden the judicial system)