In the Matter of Patrick A. Powell
310 Ga. 859
| Ga. | 2021Background
- Patrick A. Powell (admitted 1998) was retained in May 2018 to represent a client on federal criminal charges; a third party paid $4,000 retainer plus $1,000 toward a quoted $12,000 fee.
- Powell entered an appearance in May 2018 but thereafter failed to perform work, failed to respond to requests for case updates, and did not appear at pretrial/status conferences in August 2018 or at a subsequent show-cause hearing.
- The federal court and prosecutor attempted to contact Powell without success; a grievance was filed in December 2018.
- Powell failed to respond to the State Bar's Notice of Investigation and then failed to answer the Formal Complaint; the Special Master granted the State Bar's motion for default.
- The Special Master found violations of Georgia Rules of Professional Conduct 1.2, 1.3, 1.4(a), 1.5(a), 3.2, and 9.3, identified multiple aggravating factors (including a prior suspension), and recommended disbarment; the Supreme Court adopted that recommendation and disbarred Powell.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Powell's conduct violated the Rules of Professional Conduct | State Bar: Defaulted facts establish abandonment and violations of Rules 1.2, 1.3, 1.4(a), 1.5(a), 3.2, 9.3 | Powell: No answer/no defense (default) | Court: Default establishes the charged violations |
| Appropriate sanction for the misconduct | State Bar: Disbarment warranted given intentional abandonment, substantial client harm, and aggravating factors | Powell: No response | Court: Disbarment ordered; sanction consistent with ABA standards and precedent |
| Whether aggravating/mitigating factors support disbarment | State Bar: Prior discipline, dishonest/selfish motive, pattern of misconduct, vulnerable victim, substantial experience; no mitigators | Powell: No response | Court: Aggravating factors found; no mitigating factors; disbarment affirmed |
Key Cases Cited
- In the Matter of Annis, 306 Ga. 187 (2019) (disbarment for attorney abandonment and failure to cooperate with disciplinary process)
- In the Matter of Jennings, 305 Ga. 133 (2019) (disbarment for client abandonment and nonresponse to disciplinary authorities)
- In the Matter of Miller, 302 Ga. 366 (2017) (disbarment where attorney abandoned clients and failed to respond to disciplinary proceedings)
- In the Matter of Lenoir, 282 Ga. 311 (2007) (disbarment for prolonged client abandonment and lack of cooperation)
- In the Matter of Powell, 289 Ga. 215 (2011) (prior three-month suspension for violations of Rules 1.3, 1.4, and 3.2)
- In the Matter of Morse, 266 Ga. 652 (1996) (discussing use of ABA Standards for Imposing Lawyer Sanctions)