in the Matter of Laxavier P. Reddick-Hood
296 Ga. 95
Ga.2014Background
- LaXavier P. Reddick-Hood, admitted 1988, settled a personal-injury case in May 2010, deposited settlement in trust, paid client and fees but failed to pay four medical providers $2,750 required by the settlement.
- When the client inquired in March 2011, Reddick-Hood falsely told the client the providers had been paid and promised documentation she did not send.
- After the client filed a grievance (June 2011), Reddick-Hood falsely told the State Bar the providers had been paid; the trust account lacked sufficient funds during the relevant period.
- Reddick-Hood paid the providers in August 2011 (over a year after settlement) and offered the client $3,000 in September 2011 to withdraw the grievance.
- Procedurally: Reddick-Hood filed a petition for voluntary discipline (reprimand), the special master rejected it, she failed to timely answer, default was entered, and an evidentiary hearing followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate sanction for misconduct (failure to pay third parties; misrepresentations) | State Bar: substantial suspension/disbarment appropriate given dishonesty and prior discipline | Reddick-Hood: mitigators (remorse, payment, counseling, community service) warrant minimal suspension (three months) or reprimand | Court adopted special master: three-year suspension with conditions; majority found serious misconduct and prior infractions justify lengthy suspension |
| Validity of procedural challenges (due process; special master authority) | Reddick-Hood: denied due process because Formal Complaint added charges not in Notice of Investigation; special master exceeded authority by ordering answer after petition | State Bar: procedural steps were proper under rules; special master has broad authority; due process protections attach at filing of Formal Complaint | Court rejected procedural arguments; found special master and rules permit the actions taken |
| Weight of mitigating factors (community service, counseling, payment) | Reddick-Hood: community/Bar service and mitigation should substantially reduce sanction | State Bar: mitigation insufficient to outweigh dishonesty and pattern of misconduct | Court acknowledged mitigation but held it did not outweigh seriousness and prior discipline; mitigation considered in imposing conditions for reinstatement |
| Effect of prior disciplinary record and Rule 4-103 (third/subsequent infraction) | Reddick-Hood: argued for leniency despite prior reprimands | State Bar: prior private reprimands make suspension/disbarment discretionary under Rule 4-103 | Court treated prior infractions as significant; third/subsequent infraction supports suspension and informed sanction decision |
Key Cases Cited
- In the Matter of Favors, 283 Ga. 588 (accepting voluntary petition and imposing three-year suspension for failure to pay third parties and misrepresentations)
- In the Matter of Friedman, 270 Ga. 5 (Court disfavors attorneys who lie in disciplinary proceedings or engage in dishonesty)
- In the Matter of Ortman, 289 Ga. 130 (discipline aimed at protecting public confidence in legal profession)
- In the Matter of Henley, 271 Ga. 21 (due process protections attach at filing of formal complaint)
- In the Matter of Shelfer, 278 Ga. 55 (two-year suspension for significant theft of client funds)
- In the Matter of Champion, 275 Ga. 140 (suspension for conversion and initial false statements to Bar)