In re Vickers
291 Ga. 354
Ga.2012Background
- Vickers was convicted in 2009 in the Northern District of Georgia on one count of conspiracy to defraud the United States and two counts of mail and wire fraud, resulting in a ten-month federal sentence, three years of supervised release, and restitution.
- On appeal, the Georgia Supreme Court suspended Vickers pending the outcome; a special master was appointed under Bar Rule 4-106 (f) (1).
- Vickers, admitted to practicing law since 2000, served as closing attorney in two condominium sales and was convicted of conspiring to misrepresent down payments and to distribute closing proceeds contrary to the HUD statement.
- Vickers acknowledged that the convictions violated Bar Rule 8.4 (a) (2), triggering Bar Rule 4-106, but sought suspension rather than disbarment based on mitigating factors.
- The special master recommended a three-year suspension with reinstatement conditions, while the State Bar and Review Panel urged disbarment.
- The Georgia Supreme Court concluded that, despite mitigating factors, Vickers’ three felonies arising from the practice of law justify disbarment to protect the public.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether disbarment is appropriate for Vickers' three felonies arising from legal practice | State Bar argued only disbarment is appropriate. | Vickers urged suspension due to mitigating factors. | Disbarment is appropriate. |
| Whether mitigating factors overcome aggravating factors | Mitigating factors support leniency. | Aggravating factors justify harsher discipline. | Mitigation does not prevent disbarment. |
Key Cases Cited
- In the Matter of Brooks, 264 Ga. 583 (1994) (public protection from unqualified practitioners)
- In the Matter of Calhoun, 268 Ga. 675 (1997) (importance of public confidence in the profession)
- In the Matter of Dowdy, 247 Ga. 488 (1981) (deciding case-by-case in disciplinary matters)
- In the Matter of Gardner, 286 Ga. 623 (2010) (mortgage fraud seriousness and attorney responsibility)
- In the Matter of Suttle, 288 Ga. 14 (2010) (conditional suspension vs. disbarment discussion for mortgage-related conduct)