In Re Manning-Wallace
291 Ga. 96
| Ga. | 2012Background
- Respondent Nerrylle Manning-Wallace, a Georgia attorney, faced disciplinary action based on prior proceedings and new findings of dishonesty in a personal injury case.
- A special master recommended disbarment for violations of Rules 3.3(a)(4) and 3.4(b)(1) of the Georgia Rules of Professional Conduct (Bar Rule 4-102(d)).
- The Supreme Court previously rejected Respondent's first petition for voluntary discipline in 2010, recounting that she had fabricated documents used as evidence in a damages claim.
- Evidence at evidentiary hearings (2011) showed Respondent either created or caused the creation of fabricated documents and lied about it in the disciplinary proceedings.
- The Court agreed with the master that Respondent violated Rules 3.3(a)(1) and 3.4, rejected mitigating factors, and disbarred Respondent; she was reminded of Bar Rule 4-219(c).
- All Justices concur
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Respondent violated Rule 3.3(a)(1) by offering false evidence. | Respondent admitted fabrication in prior petitions but contested ongoing wrongdoing. | Respondent denied misconduct during hearings. | Yes; violated Rule 3.3(a)(1). |
| Whether Respondent violated Rule 3.4 by creating false documents. | Respondent created or caused fabrication of documents. | Respondent denied creating false documents. | Yes; violated Rule 3.4. |
| Whether disbarment is the appropriate sanction. | Mitigating factors unpersuasive; disbarment warranted. | — | Disbarment appropriate. |
Key Cases Cited
- In the Matter of Friedman, 270 Ga. 5 (Ga. 1998) (dishonesty during disciplinary proceedings warrants severe discipline)
- In the Matter of Shehane, 276 Ga. 168 (Ga. 2003) (deliberate false statements to clients and authorities not tolerated; warrants disbarment)
