The Supreme Cloister of Georgia on Monday issued the afterward advocate conduct opinions:
In the Supreme Cloister of Georgia
Decided: December 23, 2019
S19Y0831. IN THE MATTER OF SCOTT D. BENNETT.
PER CURIAM.
This antidotal bulk is afore the Cloister on a Notice of Conduct gluttonous the abasement of Scott D. Bennett (State Bar No. 050607), who was accustomed to the Bar in 2001. Afterwards acknowledging annual of the Notice of Discipline, Bennett filed a perfunctory, one book Notice of Rejection, which fails to acknowledge accurately to any of the allegations in either the Notice of Conduct or the Notice of Analysis on which it was based. Further, his Notice of Rejection bootless to accommodate a affidavit acknowledgment to the Notice of Investigation; therefore, Bennett’s Notice of Rejection is not valid, see Bar Rule 4-208.3 (b). Accordingly, Bennett is in default, has waived his adapted to an evidentiary hearing, and is accountable to such discipline and added affairs as may be bent by this Court. See Bar Rule 4–208.1 (b).
The facts, as accounted accustomed by Bennett’s default, are as follows. Bennett was assassin to represent a client, who had been sued in affiliation with a charter dispute. In February 2016, the parties negotiated a settlement, whereupon the appellant beatific Bennett an $8,000 analysis to advanced to the plaintiff aloft beheading of the settlement documents. Afterwards depositing the analysis and sending draft settlement abstracts to plaintiff’s counsel, Bennett alone the matter, declining to acknowledge to opposing counsel’s proposed revisions to the adjustment abstracts and added inquiries, declining to forward the adjustment funds, and declining to acknowledgment the client’s buzz calls or otherwise acquaint with him apropos the matter. Ultimately, the plaintiff filed a motion to accomplish the settlement; Bennett failed to arise for the audition and, back contacted by the court, advised that the appellant did not argue it; and the balloon cloister accustomed the motion, acclimation the appellant to pay the agreed-upon $8,000 in settlement of the case, additional $2,500 in advocate fees for bad accepting in failing to achieve the settlement. Bennett bootless to acquaint the client of the order, and, back the appellant appropriately bootless to comply, the court entered acumen adjoin the appellant in the bulk of $10,500. Bennett has back bootless to acquaint with the appellant or respond to inquiries from the client’s new counsel, and he has bootless to acknowledgment the $8,000. As acclaimed above, Bennett has additionally bootless altogether to respond to the Notice of Analysis and bootless to book a valid response to the Notice of Discipline.
Based on these facts, the State Antidotal Board found probable annual to acquire that Bennett’s conduct abandoned Rules 1.2, 1.3, 1.4, 1.15 (I), 3.2, and 8.4 (a) (4) of the Georgia Rules of Professional Conduct begin at Bar Rule 4-102 (d). The best amends for a abuse of Rule 1.2, 1.3, 1.15 (I), or 8.4 (a) (4) is disbarment; the best amends for a abuse of Rule 1.4 or 3.2 is a accessible reprimand. In affliction of discipline, the State Bar notes that Bennett acted with a backbiting or egocentric motive; bootless to respond to the Notice of Investigation; and has significant experience in the convenance of law. The alone mitigating agency cited is Bennett’s abridgement of above-mentioned antidotal history.
Having advised the record, we achieve that abasement is the adapted sanction in this matter. See, e.g., In the Bulk of Mays, 303 Ga. 152 (810 SE2d 478) (2018) (disbarment acceptable for abandoning appellant and declining to acquittance unearned accommodation area advocate had abundant acquaintance in convenance of law and bootless to respond abundantly to antidotal authorities); In the Bulk of Miller, 302 Ga. 366 (806 SE2d 596) (2017) (disbarment warranted for abandoning appellant area advocate had abundant acquaintance in practice of law and bootless to acknowledge to antidotal authorities); In the Bulk of Ali, 283 Ga. 225 (658 SE2d 115) (2008) (disbarment warranted for abandoning appellant and declining to acknowledge to disciplinary authorities). Accordingly, it is hereby ordered that the name of Scott D. Bennett be removed from the rolls of persons authorized to convenance law in the State of Georgia. Bennett is reminded of his duties pursuant to Bar Rule 4-219 (b). 1
All the Justices concur.
1 Formerly, Bar Rule 4-219 (c).
In the Supreme Cloister of Georgia
Decided: December 23, 2019
S20Y0289. IN THE MATTER OF SARAH MALLAS WAYMAN.
PER CURIAM.
This antidotal bulk is afore the Cloister on the address for voluntary abandonment of authorization filed by Sarah Mallas Wayman (State Bar No. 742600), pursuant to Bar Rule 4-227 (b) (2). Wayman has been a affiliate of the State Bar back 1955 and currently has emeritus status. In her petition, Wayman admits the following. In connection with the adjustment of a civilian action, she accustomed $75,000 from the defendant’s insurer (“Settlement Funds”) and deposited the Adjustment Funds into a assurance account. However, the Settlement Funds were not broadcast to her appellant (the plaintiff) and third parties advantaged to acquire them. The plaintiff requested that Wayman accommodate an accounting apropos the Adjustment Funds, but she could alone annual for $5,000 of the Adjustment Funds, which she back has delivered to the plaintiff.
Wayman acknowledges that her conduct abandoned Rule 1.15 (I) (c) of the Georgia Rules of Professional Conduct begin in Bar Rule 4-102 (d). The best amends for a abuse of this Rule is disbarment. Wayman requests that the Cloister acquire her petition for autonomous abandonment of her license, which is alike to disbarment.
The State Bar recommends that the Cloister acquire Wayman’s address for autonomous abandonment of license, and based aloft our review of the petition, we accede that accepting of Wayman’s address is in the best interests of the Bar and the public. Accordingly, the name Sarah Mallas Wayman is hereby removed from the rolls of bodies advantaged to convenance law in the State of Georgia. Wayman is reminded of her duties pursuant to Bar Rule 4-219 (b).
Voluntary abandonment of authorization accepted. All the Justices concur.
In the Supreme Cloister of Georgia
Decided: December 23, 2019
S19Z1567. IN THE MATTER OF SANDRA M. FULLER.
PER CURIAM.
This bulk is afore the Cloister on the Appliance for Acceptance of Fettle to Convenance Law, pursuant to Part A, Section 10 of the Rules Governing Acceptance to Convenance Law in Georgia (the “Rules”), submitted by Sandra M. Fuller. In 2011, Fuller voluntarily surrendered her authorization to convenance law, which is alike to disbarment, afterwards she was begin accusable of nine abomination counts of theft by about-face and bedevilled beneath the Aboriginal Offender Act. See Ga. R. Prof. Conduct 8.4 (a) (2); see additionally Ga. R. Prof. Conduct 1.0 (e). The convictions arose from Fuller’s abortion to address fees she earned performing busted aegis assignment to the law close with which she was active at the time the fees were earned. See Clarke v. State, 317 Ga. App. 471 (731 SE2d 100) (2012) (affirming convictions)1.
On June 8, 2018, Fuller submitted the burning Appliance for Certification, in which she appear her above-mentioned aesthetics and noted that she has back been absolved beneath the Aboriginal Offender Act. In support of her application, Fuller submitted a account of rehabilitation in which she describes accepting recommitted herself to service afterward her abasement through captivation in her church and through her work, aboriginal as a advance and again as a full-time paid consultant, with Conquer Worldwide LLC, a ministry-based organization allowance individuals body accustomed businesses. Fuller also addendum her annual with added organizations, as able-bodied as her receipt of assorted administration and annual awards over the accomplished several years. In accession to her account of rehabilitation, Fuller submitted letters of advocacy from eight individuals, including her current employer, accepted and accomplished Conquer Worldwide clients, and Fuller was a affiliate of the Georgia House of Representatives, attesting to Fuller’s integrity, commitment, and talent.
Through its investigation, the Fettle Board bent that no grievances or added antidotal affairs adjoin Fuller are pending afore the State Bar and that all appropriate amends has been fabricated to the Appellant Security Fund. At an breezy conference convened afore the Fettle Board, Fuller accustomed and accepted albatross for her accomplished wrongdoing, bidding gratitude for the claimed advance she has undergone in its aftermath, and described her admiration to reestablish her continuing as a productive member of the Bar. Afterwards because Fuller’s affidavit and written submissions, the Fettle Board assured that Fuller had, by clear and acceptable evidence, agitated her accountability of demonstrating rehabilitation. See In re Cason, 249 Ga. 806, 808 (294 SE2d 520) (1982) (bar acceptance appellant bears accountability to establish rehabilitation by bright and acceptable evidence).
Upon appliance of the absolute record, we additionally achieve that Fuller has apparent that she is advantaged to be certified as fit to practice law in Georgia. Accordingly, as it appears that Fuller has annoyed all requirements for approval of her appliance for certification of fitness, see Rules, Part A, Section 10, this Court hereby grants Fuller’s appliance for acceptance of fettle and orders that, aloft achievement of all the requirements of Part B of the Rules, including demography and casual the Georgia Bar Examination, Fuller may be readmitted as an advocate accountant to convenance law in the State of Georgia.
Certification of fettle for readmission granted. All the Justices concur.
1 Fuller was denominated in her address by her then-married name, “Clarke.”
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