In Re O'Brien-Carriman
288 Ga. 239
| Ga. | 2010Background
- Respondent Marcea O'Brien-Carriman is admitted to the Georgia Bar.
- Within months of admission, she formed a business arrangement with a nonlawyer and agreed to pay a percentage of earned fees to that person.
- Less than a year later, the relationship ended after concerns about unauthorized practice of law by the nonlawyer.
- OGC investigated the compensation arrangement and questioned respondent; she initially made false statements in two submissions to the Bar.
- Respondent ultimately admitted that she agreed to split fees with the nonlawyer.
- The special master recommended a three-month suspension with conditions; the Court rejected this recommendation and rejected the petition for voluntary discipline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether respondent violated Rules 5.3(b), 5.4(a), and 8.1(a). | O'Brien-Carriman violated those rules by compensating a nonlawyer and lying to the Bar. | Respondent acknowledges the misconduct and argues for leniency due to mitigating factors. | Yes, violations established. |
| Whether petition for voluntary discipline should be accepted and what discipline is appropriate. | Special master recommended three-month suspension with conditions. | Court should adopt the master’s recommendation; petition should be granted. | Petition for voluntary discipline rejected; three-month suspension deemed insufficient given dishonesty. |
Key Cases Cited
- In the Matter of Favors, 283 Ga. 588 (Ga. 2008) (false statements and misappropriation leading to substantial suspension)
- In the Matter of Shehane, 276 Ga. 168 (Ga. 2003) (disbarment for dishonesty and related misconduct in investigation)
- In the Matter of E. T. M., 285 Ga. 814 (Ga. 2009) (rejection of voluntary discipline despite Bar objections)
