In late 2011 and early 2012, three different, grievances were filed against attorney Gary Lanier Coulter (State Bar No. 190100) with the State Bar of Georgia. Although the record reflects the grievances were supported with affidavits and documentation, it is not apparent from the record why there was a delay until February 24,2014, before the State Bar filed a formal complaint. The complaint, as amended, charges Coulter with violations of various Rules of the Georgia Rules of Professional Conduct arising out of his representation and professional relationship with one of his long-time clients. This client was and is an artist representative, and he represented a renowned artist, now deceased, whose work possesses considerable value.
Although Coulter’s work for the complaining client began as representation on personal tax matters and a landlord-tenant dispute, it expanded over the years to include a number of matters including personal and business issues. In 2010, Coulter assumed more responsibility over the client’s affairs, becoming involved in the receipt, depositing, transfer, and disbursement of the client’s funds collected in the course of the client’s businesses. It appears that the client knew of some of the accounts Coulter had opened on behalf of the client but did not know of others, and in some of the accounts Coulter was the sole authorized signer. Coulter concedes these accounts were not approved lawyer-trust accounts and that they held only funds related to the client and his businesses, yet Coulter transferred funds from or through the client’s accounts to his operating account
In 2008, Coulter obtained from the client over 100 pieces of art created by the above-mentioned artist with an estimated value at the time the complaint was filed of over $850,000. They were taken as security for the substantial sums Coulter claims were owed to him for professional services. Coulter claims the client signed a written security agreement permitting him to hold the art as security for amounts owed, but the client disputes this, and Coulter was unable to locate the signed agreement. Coulter admits that, before taking possession of the art pieces, he did not advise the client about the material risks this arrangement could pose to Coulter’s ongoing representation of him and his businesses, and did not advise the client to seek the advice of independent counsel. Coulter kept the art in a box in an unsecure location in his personal office at his law firm. Although someone in Coulter’s office apparently returned the art to the client when the client terminated his relationship with Coulter, it does not appear that the client has been made whole since significant funds were taken from his accounts without adequate documentation of fees and expenses or Coulter’s entitlement to them.
In 2014, at the Bar’s request, this Court appointed a special master to conduct further proceedings in this case. After over a year of discovery, in December 2015, Coulter filed a petition for voluntary discipline in which he admitted violation of the following rules as they existed at the time of the conduct: Rule 1.15 (I) (relating to holding the property of clients and third parties separately from the lawyer’s own property); Rule 1.15 (II) (relating to maintaining a trust account for a client’s money or property); Rule 1.7 (relating to conflicts of interest between the lawyer and client); Rule 1.8 (relating to entering into a business transaction with a client); and Rule 1.5 (a) (relating to the
The special master’s report recited that she lacked authority to impose discipline in excess of what the petitioner has stated in his petition that he will accept, and, after reciting certain findings, some but not all of which are referenced in this opinion, recommended a two-year suspension.
Coulter has been a member of the Bar since 1971, and has been the subject of two prior instances of professional discipline: first, the special master notes a formal letter of admonition issued in 2003 (which was confidential and does not appear in the record), and second, a Review Panel reprimand approved by this Court earlier this year. See In the Matter of Coulter, 300 Ga. 654 (797 SE2d 492) (2017) (for admittedly overcharging a client for services and agreeing to make periodic payments to reimburse the client which he had not honored).
Given the serious nature of the admitted rule violations in this case, and the record facts, we reject the recommendation of the special master to impose a voluntary two-year suspension. See In the Matter of Maccione, 289 Ga. 17 (710 SE2d 745) (2011) (rejecting the special master’s recommendation to accept the respondent’s petition for voluntary discipline of Review Panel reprimand in light of the serious nature of the admitted rule violations even where, as here, the State Bar indicated it had no objection to the requested discipline). Given the fact that over five years have passed since the written grievances were filed, we direct the State Bar to proceed in this matter expeditiously.
Petition for voluntary discipline rejected.
Rule 4-227 (c) (2) of the Georgia Rules of Professional Conduct states that the special master may either accept or reject a petition for voluntary discipline.
We note that in this earlier disciplinary matter, Coulter stated in his petition for voluntary discipline, dated December 19, 2016, that due to the decline in his law practice and other personal circumstances, he did not expect to return to the practice of law.