In Re Hardwick
This disciplinary matter is before this Court on the Report and Recommendation of the Special Master, Shira Adler, who recommends that the Court grant Respondent’s Clifford E. Hardwick IV’s (State Bar No. 325662) petition for voluntary discipline, which he filed pursuant to Bar Rule 4-227 (c) after the State Bar filed a Formal Complaint, and that the Court suspend Hardwick for a period of six months for his admitted violations of Rules 1.3, 1.4, 3.2 and 8.4 (a) (4) of the Georgia Rules of Professional Conduct. See Bar Rule 4-102 (d). The maximum sanction for a single violation of Rules 1.4 or 3.2 is a public reprimand, while the maximum sanction for a single violation of Rules 1.3 or 8.4 (a) (4) is disbarment. The State Bar seeks to utilize Rule 4-103 to justify the imposition of harsher discipline.
In his petition for voluntary discipline, Hardwick admitted the above-described facts but alleged that he periodically spoke with the clients regarding the status of the case (both in person and by phone); that he met with the clients’ son and his friend, who had participated in the illegal downloading; that he spoke to opposing counsel and the Judge regarding the status of the case and a possible resolution of it; and that, after the default judgment had been entered, he spoke to opposing counsel who advised that the plaintiffs had no intention of collecting the damages awarded because the primary purpose of the litigation had been to prevent the downloading of their music property. In mitigation, Hardwick asserted that he refunded his entire $5,000 retainer to the clients; that there has been no financial impact on the clients as a consequence of his actions; that he has agreed to indemnify the clients if any action is taken toward collection of the judgment entered; and that he participated in a Professionalism, Ethics and Malpractice seminar for CLE credit. Hardwick also asserted that during the time he was representing these clients, he was working through various serious personal issues, which he described in a filing submitted under seal, and that he met with a representative of the Lawyer’s Assistance Program (“LAP”) to discuss these problems. Thus, Hardwick requested discipline in a range between a Review Panel reprimand and a suspension of six months.
The State Bar responded to the petition noting that it disputed Hardwick’s contention that he communicated with the clients and asserting that Hardwick did not refund the retainer until after the Formal Complaint had been filed. The State Bar argued that Hardwick’s personal issues do not excuse his repeated failure to respond to the court’s orders which clearly specified the consequences of such failure and that his single meeting with a representative of the LAP does not constitute a mitigating factor. In aggravation, the Bar noted Hardwick’s two prior formal letters of admonition and the fact that Hardwick submitted false statements in the disciplinary process by stating that the clients’ litigation was resolved by settlement. Accordingly the State Bar requested that the petition be rejected or, in the alternative that a suspension of no less than six months be imposed in this matter.
The special master issued his report and recommendation, finding that Hardwick violated Rules 1.3, 1.4, 3.2 and 8.4 (a) (4) of the Georgia Rules of Professional Conduct, as well as Bar Rule 4-103; that Hardwick’s actions caused his clients injury (namely a judgment entered against them); that the aggravating factors outweighed the mitigating ones; and that Bar Rule 4-103 applied to the proceedings since Hardwick had two prior instances of discipline. The special master recommended that the petition for voluntary discipline be accepted and that a six-month suspension be imposed. Neither party has filed objections or exceptions.
Six-month suspension.