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In Re O'Brien-Carriman
288 Ga. 239
| Ga. | 2010
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Background

  • 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)
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Case Details

Case Name: In Re O'Brien-Carriman
Court Name: Supreme Court of Georgia
Date Published: Nov 22, 2010
Citation: 288 Ga. 239
Docket Number: S09Y2049
Court Abbreviation: Ga.