In the Matter of David R. Sicay-Perrow
310 Ga. 855
| Ga. | 2021Background
- In 2013 Sicay-Perrow (Sicay-Perrow & Knighten, P.C.) represented a husband and wife on contingency; a consent judgment awarded them $100,000 with a $30,000 lump-sum to be deposited in the lawyer’s IOLTA and $600 monthly payments thereafter.
- Sicay-Perrow deposited the $30,000 and later $600 payments into his business checking account rather than the IOLTA, and later made some disbursements from the business account.
- He delayed and reduced promised monthly disbursements, told clients money was stolen by a former office manager and that receivership or bankruptcy delayed repayment, and ultimately clients received only $6,400 total through March 2017.
- Bank records showed the IOLTA lacked sufficient funds and that some IOLTA disbursements to these clients were funded by other clients’ monies—i.e., commingling and misappropriation.
- The State Bar charged violations of Georgia Rules 1.15(I)(a),(c); 1.15(II)(a),(b); and 8.4(a)(4). Sicay-Perrow failed to timely respond to the Notice of Discipline (default), waiving an evidentiary hearing.
- The Board recommended disbarment (aggravated by prior discipline, dishonesty, and long experience); the Georgia Supreme Court agreed and disbarred Sicay-Perrow (Feb. 15, 2021).
Issues
| Issue | Plaintiff's Argument (State Bar) | Defendant's Argument (Sicay-Perrow) | Held |
|---|---|---|---|
| Improper handling of client funds / failure to hold/deliver funds in trust | Deposited settlement and payments into business account, failed to promptly deliver funds, delayed remittances | Defaulted; offered explanations (theft, receivership, need for time) but provided no adequate proof | Violated Rule 1.15(I)(a) and (c) — funds mishandled and delivery/accounting obligations breached |
| Failure to maintain trust account / commingling / improper withdrawals | Did not keep funds in trust account; commingled client funds; IOLTA insufficient to cover owed amounts | No effective defense in record; defaulted | Violated Rule 1.15(II)(a) and (b) — trust account and recordkeeping requirements breached |
| Dishonesty, misrepresentation and deceit | Misled clients about stolen funds and bankruptcy/receivership, promised payments and failed to follow through | No effective response; default | Violated Rule 8.4(a)(4) — conduct involved dishonesty/deceit/misrepresentation |
| Appropriate sanction | Disbarment warranted given misappropriation, prior discipline, dishonesty, and 30 years’ experience | No opposition to discipline (default) | Court ordered disbarment; name removed from roll |
Key Cases Cited
- In the Matter of Hunt, 304 Ga. 635 (2018) (disbarment for misuse of entrusted client funds)
- In the Matter of Harris, 301 Ga. 378 (2017) (disbarment for misappropriation and commingling of trust funds)
- In the Matter of Rose, 299 Ga. 665 (2016) (disbarment for misuse of funds entrusted in real estate closing)
- In the Matter of Sicay-Perrow, 301 Ga. 666 (2017) (prior reciprocal disciplinary action resulting in suspension)