In Re Mathis
289 Ga. 176
Ga.2011Background
- 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)
