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294 Ga. 72
Ga.
2013
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Background

  • Disciplinary matter before Georgia Supreme Court via Bar Rule 4-227 (b)(2) petition for voluntary discipline by Jarlath Robert MacKenna.
  • MacKenna admits a consensual sexual relationship with a client while representing her in divorce.
  • He assisted the client in submitting false discovery responses related to the divorce action.
  • Admits violations of Rules 1.7(a) and 8.4(a)(4) of the Georgia Rules of Professional Conduct; maximum sanction is disbarment.
  • Mitigation factors include lack of prior discipline, cooperation, claimed inexperience, good character, and ongoing psychological rehabilitation.
  • Court agrees 18-month suspension is appropriate, citing comparable Georgia disciplinary cases; petition for voluntary discipline accepted.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Is an 18-month suspension appropriate? State Bar supports 18-month suspension. MacKenna argues mitigation could justify a lesser sanction. Yes; 18-month suspension appropriate.
Do mitigation factors affect the sanction? Mitigation acknowledged but not enough to reduce sanction. Factors (no prior discipline, cooperation, inexperience, good character, rehab) warrant leniency. Mitigation considered; 18-month suspension still imposed.
Have Rules 1.7(a) and 8.4(a)(4) been violated? Admission supports violations. Not separately argued beyond admission. Violations established; disciplined accordingly.

Key Cases Cited

  • In the Matter of Adams, 291 Ga. 768 (Ga. 2012) (18-month suspension for misrepresentation and false billing with prior reprimand)
  • In the Matter of Wright, 291 Ga. 841 (Ga. 2012) (public reprimand and six-month suspension for false statement in appellate brief)
  • In the Matter of Tante, 264 Ga. 692 (Ga. 1994) (18-month suspension for sexual relationship with mentally impaired client in disability matter)
  • In the Matter of Lewis, 262 Ga. 37 (Ga. 1992) (36-month suspension for allegedly non-consensual sexual relationship with divorce client)
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Case Details

Case Name: In re MacKenna
Court Name: Supreme Court of Georgia
Date Published: Nov 4, 2013
Citations: 294 Ga. 72; 751 S.E.2d 98; S14Y0096
Docket Number: S14Y0096
Court Abbreviation: Ga.
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