Monday, February 27, 2012

Not There

The Georgia Supreme Court has disbarred an attorney, primarily based on misconduct in a paternity matter.

The attorney was retained by a client who had a DNA test that confirmed he was not the child's father. The matter was continued twice, with the attorney present both times. The case was then mistakenly reset for a Monday rathar than a Wednesday. The error was corrected and notices went out for the Wednesday hearing.

The attorney moved to withdraw prior to the hearing but the motion was not acted on. On the Monday, the client went to the attorney's office, made a fee payment, and went to court. The client realized "that something was amiss" and was advised of the date change. The client came back on Wednesday; the attorney never appeared despite repeated phone calls and assuarnces to the client that she would meet him in court. The matter was dismissed that afternoon.

The attorney falsely claimed in the bar proceedings that she appeared on both Monday and Wednesday. Four people testified to the contrary. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/02/not-there.html

Associates, Bar Discipline & Process | Permalink

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