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In Re Mathis
289 Ga. 176
Ga.
2011
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Background

  • Mathis represented a client in a personal injury action that settled for $60,000 and he received the settlement funds.
  • Client directed payment of $29,785 to satisfy outstanding medical expenses, which Mathis did not pay.
  • Mathis promised to pay the providers but kept the funds for his own use and had already received $12,000 in attorney fees.
  • The client attempted to contact Mathis about the unpaid medical bills, but Mathis did not respond or explain the disposition of the funds.
  • Mathis was in default and suspended since November 22, 2010, based on prior disciplinary actions including a 2010 Review Panel reprimand and a 2010 contempt finding.
  • The State Bar sought disbarment for Mathis's handling of client funds and related Rule violations.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Mathis violated RPC 1.2, 1.3, 1.4, 1.15 and 8.4(a)(4) by misappropriating client funds. State Bar asserts misappropriation and failure to properly handle funds violated multiple RPCs. Mathis, by default, does not contest the admitted conduct documented in the complaint. Yes; conduct violated multiple RPCs as admitted, supporting discipline.
Whether disbarment is an appropriate sanction given the violations and aggravating factors. Disbarment warranted due to client funds misappropriation, theft of funds, and prior discipline. Not applicable or unsupported due to default; any mitigation or lesser sanction not shown. Disbarment affirmed as the appropriate sanction.
Whether the absence of mitigation and presence of aggravation affect the sanction. Aggravating factors include theft of client funds and prior disciplinary history. No argument presented due to default; no mitigating factors identified. Aggravation supports disbarment; no mitigating factors identified.

Key Cases Cited

  • In the Matter of Mathis, 288 Ga. 311 (2010) (contempt finding and suspension in prior disciplinary action)
  • In the Matter of Mathis, 286 Ga. 728 (2010) (review panel reprimand leading to indefinite suspension)
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Case Details

Case Name: In Re Mathis
Court Name: Supreme Court of Georgia
Date Published: Apr 26, 2011
Citation: 289 Ga. 176
Docket Number: S11Y0769
Court Abbreviation: Ga.