306 Ga. 388
Ga.2019Background
- Hakeem B. Brock (admitted 2007) filed a petition for voluntary discipline in May 2019 seeking a Review Board reprimand; the State Bar supported the petition after investigation and negotiation.
- Brock employed a paralegal who forged his signature and withdrew approximately $21,000 from his client trust account, writing checks to friends/family and purported clients; scheme revealed when four checks bounced.
- Brock lacked ledgers/records showing client-specific trust balances and therefore did not detect the paralegal’s misconduct; he fired her, reimbursed missing client/third‑party funds from personal funds, implemented oversight policies, and reported the theft to law enforcement.
- The State Bar investigation also uncovered three instances where Brock personally misused the trust account: one student loan payment (from earned but retained fees) and two mortgage payments on behalf of a former client (funds that should have been promptly delivered to the client).
- Brock admitted violations of Georgia Rules of Professional Conduct Rules 1.15(I)(a),(c); 1.15(II)(a),(b); and 5.3(a),(b) and acknowledged responsibility for the paralegal’s actions due to inadequate supervision under Rule 5.3(c)(2).
- The Court accepted the negotiated disposition and imposed a Review Board reprimand, finding mitigating factors (no prior discipline, no dishonest motive, restitution, cooperation, remorse) outweighed aggravators (substantial experience, multiple offenses).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brock’s failure to supervise nonlawyer staff that stole client funds warrants discipline | Brock conceded lack of supervision but argued theft was committed by paralegal without his knowledge and he remedied harm | State Bar argued Brock is responsible under Rule 5.3 for nonlawyer misconduct due to inadequate supervision | Court held Brock liable under Rule 5.3 and imposed a Review Board reprimand |
| Whether Brock’s personal withdrawals/payments from trust account violated trust accounting rules | Brock admitted withdrawals were from earned fees or client funds and that he failed to promptly deliver client funds; he argued mitigation by restitution and corrective measures | State Bar argued the withdrawals violated Rule 1.15 provisions governing safekeeping and prompt delivery of client funds | Court held Brock violated Rules 1.15(I) and 1.15(II); misconduct warranted reprimand given mitigating factors |
Key Cases Cited
- In the Matter of Farnham, 300 Ga. 645 (2017) (public reprimand for failure to maintain direction and control over nonlawyer staff)
- In the Matter of Eddings, 300 Ga. 419 (2016) (public reprimand where attorney was victim of elaborate con by nonlawyer financial manager)
- In the Matter of Ralston, 300 Ga. 416 (2016) (Review Panel reprimand for misuse of earned but undisbursed trust funds)
- In the Matter of Francis, 297 Ga. 282 (2015) (Review Panel reprimand for misuse of trust account where no clients were harmed)
- In the Matter of Eddleman, 298 Ga. 469 (2016) (public reprimand for inadequate supervision of nonlawyer staff and conflicts)
- In the Matter of Morse, 266 Ga. 652 (1996) (Georgia courts look to ABA Standards for guidance in sanctions)
