in the Mattter of David E. Morgan, III, 303 Ga. 678

David E. Morgan III, a Georgia lawyer since 1978, filed a petition for voluntary discipline before a formal complaint was filed.
As executor of a 2012 estate holding timber and rental income, Morgan managed an estate checking account into which rents and timber-sale proceeds were deposited and from which taxes were paid.
Morgan admitted transferring estate funds into his personal trust account and withdrawing them for personal use; he repaid $77,027.21 to the probate court before his misconduct was publicly known.
Probate court found he breached his fiduciary duties; Morgan attributed part of his misconduct to grief, depression, and excessive spending following his wife’s death.
Morgan admitted violations of Georgia Rules of Professional Conduct (Bar Rule 4-102(d))—Rules 1.15(I)(b)(1) & (2)(ii), 1.15(II)(b), and 8.4(a)(4)—and petitioned for a two-year suspension with conditions for reinstatement.
The State Bar agreed with the facts and recommended accepting the petition; the Supreme Court of Georgia suspended Morgan for two years and imposed specified reinstatement conditions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Morgan’s conduct violated Rules on safekeeping client/estate funds and professional misconduct	State Bar: Morgan’s transfer and personal use of estate funds violated Rules 1.15 and 8.4	Morgan: Admitted the violations but emphasized remorse, restitution, and mitigating personal circumstances	Court: Accepted admissions; found violations of the cited Rules
Appropriate discipline for admitted misconduct	State Bar: Two-year suspension with conditions serves public interest and is appropriate given mitigation	Morgan: Petitioned for two-year suspension with conditions, citing restitution and personal mitigation	Court: Imposed two-year suspension with conditions on reinstatement
Aggravating and mitigating factors to weigh	State Bar: Dishonesty and lengthy practice experience aggravate sanction	Morgan: No prior discipline, restitution, cooperation, remorse, and personal/emotional problems mitigate	Court: Found both aggravating and mitigating factors; mitigation supported suspension (not disbarment)
Reinstatement conditions and process	State Bar: Reinstatement should require proof of fitness and compliance with conditions	Morgan: Proposed psychological evaluation, AA attendance, law-practice management courses, and review-panel petition	Court: Required mental-health certification, evidence of AA meetings, completion of Law Practice Management Program, and petition to Review Panel before resuming practice

In the Matter of Morse, 266 Ga. 652 (1996) (ABA sanctions standards are instructive in lawyer-discipline cases)
In the Matter of Rowe, 287 Ga. 822 (2010) (personal and emotional problems may be mitigating)
In the Matter of Champion, 275 Ga. 140 (2002) (remorse and restitution considered mitigating)
In the Matter of Reddick-Hood, 296 Ga. 95 (2014) (procedures for reinstatement via Review Panel)
In the Matter of Ballard, 279 Ga. 663 (2005) (disciplinary precedents addressing misappropriation and suspension)
In the Matter of Shelfer, 278 Ga. 55 (2004) (disciplinary precedent on attorney misconduct sanctions)
In the Matter of Fair, 292 Ga. 308 (2013) (attorney must not practice until Court grants reinstatement)