In the Matter of Seshul
289 Ga. 910
Ga.2011Background
- Seshul pled guilty to one felony count of aggravated assault and one misdemeanor count of battery in Fulton County Superior Court on March 31, 2009, violating Rule 8.4(a)(2).
- May 2007 incident: Seshul threw a brick at his then-girlfriend, striking her feet; he received first-offender treatment and a five-year sentence with probation and time served portions.
- While in Tennessee program (beginning June 1, 2009), Seshul received treatment for PTSD, panic disorder, and alcohol abuse.
- Mitigating factors include no prior discipline, personal/emotional problems, substantive rehabilitative treatment, good character/reputation, cooperative conduct, and no harm to clients.
- Court followed Ortman-like reasoning to suspend Seshul and impose conditions for reinstatement; petition for voluntary discipline accepted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether voluntary discipline is appropriate. | Seshul argued for voluntary discipline with suspension and conditions. | State Bar recommended accepting the petition and suspending as proposed. | Petition for voluntary discipline accepted; suspension imposed. |
| Whether 8.4(a)(2) violation warrants disbarment or a lesser sanction given mitigating factors. | Disbarment ordinarily follows felony conviction. | Mitigating factors warrant a lesser sanction than disbarment. | Suspension rather than disbarment due to mitigating circumstances. |
| What conditions govern reinstatement after suspension. | Reinstatement contingent on compliance with disciplinary rules. | Reinstatement requires evidence of complete probationary fulfillment and health/fitness conditions. | Between Dec. 31, 2012 and Mar. 31, 2013, provide psych evaluation; before reinstatement, provide discharge/exoneration record or proof of probation completion. |
Key Cases Cited
- In the Matter of Ortman, 289 Ga. 130 (Ga. 2011) (mitigating factors may justify less severe discipline than disbarment)
- In the Matter of Onipede, 288 Ga. 156 (Ga. 2010) (disciplinary sanctions may be mitigated when misconduct is admitted and remedial steps are taken)
- In the Matter of Seshul, 287 Ga. 158 (Ga. 2010) (voluntary interim suspension prior to final discipline)