In THE MATTER OF DOMINIQUE MARC HENRI LEMOINE (Two Cases)
S25Y0537, S25Y0538
| Ga. | Aug 12, 2025Background
- Dominique Marc Henri Lemoine, a Georgia attorney since 1998, faced two consolidated disciplinary actions for misuse of client and fiduciary funds related to two separate client matters.
- In one matter, Lemoine acted as escrow agent in a surgical glove transaction, misusing buyer funds held in trust, including disbursing money prematurely and using funds for other clients and personal expenses.
- In the second matter, Lemoine was retained by two elderly clients to represent them in an IRS dispute, improperly used $175,000 wired by the clients, and failed to promptly return or correctly disburse funds as directed, causing financial harm to the clients.
- The Special Master found violations of multiple Georgia Rules of Professional Conduct, including those concerning safekeeping client property, diligence, communication, and honesty.
- Lemoine challenged the factual findings, his mental state being disregarded, and claimed his conduct was not connected to legal representation, seeking dismissal based on recent precedent (Brown).
- Both the Special Master and the State Disciplinary Review Board recommended disbarment; the Supreme Court of Georgia affirmed this sanction.
Issues
| Issue | Lemoine's Argument | State Bar's Argument | Held |
|---|---|---|---|
| Violation of GRPC rules | Denied violations; claimed commingling was due to fraud, not intent | Overwhelming evidence shows rule violations, including knowing misuse | Court found clear violations, supporting disbarment |
| Mental state/reduced sanction | Claimed conduct was not intentional but due to oversight and fraud; no intent to harm | Asserted knowing and intentional misconduct; significant harm caused | Court agreed Lemoine acted knowingly and intentionally, warranting disbarment |
| Applicability of Brown (not acting as attorney) | Claimed actions were not in legal representation, so rules did not apply | Lemoine was acting as attorney for LLC and clients; conduct connected to legal representation | Court held Brown did not apply; Lemoine’s conduct was in capacity as attorney |
| Sufficiency of factual findings | Argued Special Master overlooked evidence favorable to him | Special Master assessed credibility and evidence fully | Court deferred to Special Master; no clear error |
Key Cases Cited
- In the Matter of Sicay-Perrow, 310 Ga. 855 (disbarment for similar violations regarding misuse of client funds)
- In the Matter of Turner, 311 Ga. 204 (disbarment for misuse of client funds and misrepresentation)
- In the Matter of Cheatham, 304 Ga. 645 (disbarment for multiple ethical violations including misuse of funds)
- In the Matter of Raines, 319 Ga. 820 (disbarment for failure to safeguard and promptly deliver client funds)
- In the Matter of Doeve, 303 Ga. 672 (disbarment for breaches of fiduciary duty as escrow agent)