IN THE MATTER OF RONALD JOHN DOEVE (Three Cases)
303 Ga. 672
| Ga. | 2018Background
- Ronald John Doeve (State Bar No. 224735) represented Vivify Holdings, Inc. and officer Jason Herring in three related matters that spawned formal Bar complaints.
- In SDBD No. 6851 Doeve agreed to act as escrow for a $100,000 investment, promised not to disburse without investor approval, but immediately disbursed the funds to Vivify, failed to communicate with the investor, and provided no accounting.
- In SDBD No. 6853 Doeve and Herring falsely told creditors Herring had $2,000,000 and that $460,000 had been deposited in Doeve’s Chase Private Client (non‑trust) account; Doeve issued checks totaling $460,000 that were returned for insufficient funds and gave misleading explanations and no accounting.
- In SDBD No. 6854 Doeve agreed to intermediate payment of $15,000 to a lawyer for Herring’s girlfriend, wrote an insufficient‑funds check from a non‑trust account, and repeatedly misled the lawyer about payment timing and causes for non‑payment.
- The special master found violations of Georgia Rules of Professional Conduct 1.15(I), 1.15(II), 1.15(III)(b)(2), and 8.4(a)(4), and recommended disbarment based on financial misconduct, misrepresentations, selfish/dishonest motive, indifference to restitution, false statements in the disciplinary process, long experience, and a pattern of misconduct.
- Doeve filed exceptions but also submitted petitions admitting violations of the 1.15 rules and seeking to tender his license; the Review Panel adopted the special master’s report and recommended disbarment, and the Supreme Court ordered disbarment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Doeve violated trust‑account and fiduciary rules (Rules 1.15 variants) | State Bar: Doeve misappropriated/failed to safeguard clients’ funds, commingled, issued bad checks, and failed to account | Doeve did not meaningfully dispute core allegations and admitted violations in petition | Court accepted findings of violations of Rules 1.15(I), 1.15(II), 1.15(III)(b)(2) |
| Whether Doeve made false statements to clients and in disciplinary proceedings (Rule 8.4(a)(4)) | State Bar: Doeve made repeated misrepresentations about funds and payment timing and lied in proceedings | Doeve’s exceptions did not contest the substance; he admitted some violations in petition | Court upheld finding of misrepresentations and false statements violating Rule 8.4(a)(4) |
| Appropriate sanction for the misconduct | State Bar: Disbarment is warranted given theft/financial misconduct, repeated misrepresentations, aggravating factors, and risk to public trust | Doeve sought to tender his license/voluntarily discipline (admitting violations), but did not successfully invoke voluntary surrender procedure | Court held disbarment is appropriate and ordered removal from rolls |
| Effect of Doeve’s petition for voluntary discipline | Doeve: petition admitted violations and sought to tender license | Review Panel: did not address newly filed petitions; procedural defects noted in petition | Court reviewed record and admissions and still ordered disbarment (petition did not alter sanction) |
Key Cases Cited
- In the Matter of Axam, 297 Ga. 786 (2015) (accepting voluntary surrender where attorney mishandled $100,000 and disbursed contrary to owner’s instructions)
- In the Matter of Harris, 301 Ga. 378 (2017) (disbarment where attorney issued insufficient‑funds checks from trust account and commingled funds)
- In the Matter of Choi, 297 Ga. 793 (2015) (accepting voluntary surrender where attorney failed to properly manage substantial entrusted funds)