319 Ga. 881
Ga.2024Background
- John L.G. Herbert, Jr. was a licensed attorney in Georgia since 1994.
- Notices of Discipline sought Herbert's disbarment for violations stemming from 11 client grievances, all involving overseas real estate investors.
- Herbert failed to respond or reject the disciplinary notices, resulting in default and a waiver of his right to a hearing.
- Clients entrusted Herbert with approximately $850,000, which he failed to return, ceased communication about, and converted to his own use starting in November 2022.
- The Georgia State Bar concluded Herbert breached multiple Georgia Rules of Professional Conduct, notably regarding the mishandling of client funds, lack of communication, and dishonest conduct.
- Aggravating factors included Herbert’s pattern of misconduct, experience, lack of acknowledgement of wrongdoing, and exploitation of vulnerable overseas clients; the only mitigating factor was his previously clean record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Breach of fiduciary duty with client funds | Herbert misused funds | No response (default) | Disbarment is appropriate for trust account violations |
| Failure to communicate and account to clients | Herbert abandoned clients | No response (default) | Violated communication and accounting obligations |
| Reasonableness of fees and expenses | Fees were not reasonable | No response (default) | Found to have charged/collected unreasonable fees |
| Obstruction of disciplinary process | Failed to respond | No response (default) | Aggravating factor, but separately charged under Rule 9.3 |
Key Cases Cited
- In the Matter of Power, 314 Ga. 504 (disbarment for trust account violations and client abandonment)
- In the Matter of Proctor, 313 Ga. 637 (disbarment for defaulting and trust account violations)
- In the Matter of Plumides, 311 Ga. 65 (disbarment for pattern of client abandonment and trust account violations)