In THE MATTER OF JOSEPH HAROLD TURNER, JR. (Two Cases)
311 Ga. 204
| Ga. | 2021Background
- Joseph H. Turner Jr., a Georgia bar member since 1997, was the subject of two disciplinary notices seeking disbarment.
- The State Bar attempted personal service at Turner's listed address; after unsuccessful attempts, it served him by publication under Bar Rule 4-203.1(b)(3)(ii); Turner did not file a notice of rejection and was declared in default.
- Case S20Y0947: Turner was hired in a civil matter, secured a settlement and release, deposited the settlement check, but failed to disburse funds to the client and did not respond to the client or the Bar.
- Case S20Y0948: A bank notified the Bar of an overdraft on Turner's attorney trust account; Turner failed to respond to the Overdraft Notification Coordinator or to the Bar’s investigation and produced no records.
- The Bar charged Turner with multiple violations of the Georgia Rules of Professional Conduct relating to diligence, communication, trust-account recordkeeping and safekeeping of client funds, and failure to cooperate (including Rules 1.3, 1.4, 1.15 subdivisions, 8.4(a)(4), and 9.3).
- The Court, citing precedent, concluded disbarment was appropriate and ordered Turner removed from the rolls; all justices concurred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service and default | Service by publication was proper; Turner’s failure to respond resulted in default and waiver of hearing | Turner made no response or argument | Court found service proper; Turner in default and waived hearing rights |
| Failure to disburse client settlement funds / misappropriation | Turner deposited settlement funds, failed to deliver client’s share and ignored client/Bar inquiries; violated Rules 1.3, 1.4, 1.15(I)(c), 8.4(a)(4), 9.3 | No response; no mitigation presented | Court deemed violations admitted and treated as serious misconduct warranting severe sanction |
| Trust-account recordkeeping and misuse (overdrafts) | Turner allowed trust-account overdraft, failed to maintain records, improperly withdrew funds and failed to produce records; violated multiple 1.15 provisions and 9.3 | No response; no evidence presented in mitigation | Court deemed admitted violations of trust-account rules and lack of cooperation aggravating |
| Appropriate sanction | Bar: disbarment is appropriate given misappropriation, recordkeeping failures, lack of cooperation, and Turner's experience; prior cases support disbarment | Turner offered no defense or mitigating evidence | Court ordered disbarment, citing analogous Georgia precedent |
Key Cases Cited
- In the Matter of Berry, 310 Ga. 158 (2020) (disbarring attorney for misappropriating client settlement funds after failing to maintain records)
- In the Matter of Rambeau, 302 Ga. 367 (2017) (disbarring attorney after trust-account overdrafts and failure to respond to Bar inquiries)
- In the Matter of Gorman, 294 Ga. 726 (2014) (disbarring attorney who deposited settlement checks into personal account and failed to pay client share)