In the Matter of Joel S. Wadsworth
312 Ga. 159
| Ga. | 2021Background
- Wadsworth began representing multiple plaintiffs in a Fulton County civil case in September 2016 and subsequently stopped performing work on the matter.
- He failed to file responses to motions to dismiss and summary judgment, did not respond to discovery, and ceased communicating with clients.
- On September 1, 2017 Wadsworth became ineligible to practice for failure to pay Bar dues but did not notify clients or withdraw and remained counsel of record; clients filed pro se motions and proceeded without him.
- Wadsworth was properly served with the Formal Complaint in the disciplinary proceeding but did not answer and was found in default.
- The special master found violations of Georgia Rules 1.2(a), 1.3, 1.4(a)(3) & (4), 1.16(d), and 3.2 and recommended disbarment; the Court, after considering prior proceedings and discipline, disbarred Wadsworth.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Wadsworth breach duties of scope, diligence, communication, and expeditiousness (Rules 1.2, 1.3, 1.4, 3.2)? | Bar: his failures to file responses, to communicate, and to pursue the case violated those rules. | Wadsworth: no response (default). | Court: violations found. |
| Did Wadsworth violate Rule 1.16(d) by failing to withdraw after becoming ineligible to practice? | Bar: he remained counsel of record after ineligibility and did not withdraw or notify clients. | Wadsworth: no response (default). | Court: violation found; ineligibility-related conduct is relevant to Rule 1.16(d). |
| Is failure to pay Bar dues (ineligibility) itself an aggravating factor or standalone basis for disbarment? | Bar: disbarment appropriate given ineligibility plus related misconduct. | Wadsworth: no response (default). | Court: nonpayment of dues is not a standalone aggravator; relevant only insofar as it relates to violations (e.g., 1.16(d)). |
| What is the appropriate sanction? (Disbarment vs. lesser discipline) | Bar: disbarment warranted given neglect, abandonment, multiple offenses, dishonest/selfish motive, and prior discipline. | Wadsworth: no response (default); prior proceeding had questioned disbarment absent additional allegations. | Court: disbarment ordered based on facts, ABA standards, and Wadsworth’s disciplinary history. |
Key Cases Cited
- In the Matter of Wadsworth, 307 Ga. 311 (prior disciplinary filing and Court’s 2019 guidance rejecting disbarment absent additional allegations)
- In the Matter of Annis, 306 Ga. 187 (disbarment for failure to communicate, file pleadings, and abandonment)
- In the Matter of Jennings, 305 Ga. 133 (disbarment for abandoning matter, failing to respond to discovery, and failing to transfer file)
- In the Matter of Miller, 302 Ga. 366 (disbarment for abandoning a legal matter and failing to communicate)
- In the Matter of Lenoir, 282 Ga. 311 (disbarment for failing to file pleadings and adequately communicate)
- In the Matter of Morse, 266 Ga. 652 (use of ABA Standards for Imposing Lawyer Sanctions)