Tuesday, October 4, 2011
In Georgia, an attorney facing bar discipline can petition for voluntary discipline with a proposed range of sanctions. The State Bar can argue against the proposed sanction. The Supreme Court can either impose discipline within the proposed range or reject the peition.
An attorney who had sanctions imposed in a civil matter filed a petition accepting discipline from a Review Panel reprimand to a six-month suspension. the State Bar did not oppose. The court accepted the petition and ordered a suspension at the top of the high range.
The attorney had represented plaintiffs in a civil case that had been proceeding pro so. There were pending motions to compel and for sanctions. The attorney tried but failed get secure compliance with discovery demands. Sanctions were entered against him and he failed to fully cooperate with post-judgment proceedings. He also "provided untruthful answers to some questions" in the deposition on his assets. He was eventually found in willful contempt and sent to jail until he complied with discovery.
He paid the judgment against him and cooperated in the bar proceedings.
An efficient procedure to resolve a disciplinary case. (Mike Frisch)