Tuesday, February 6, 2024

Disbarment Worthy

The Georgia Supreme Court has disbarred an attorney

The Special Master found that McCalep had violated the GRPC knowingly and intentionally, and that his misconduct caused serious injury to the grievants due to the loss of funds they paid for services he did not provide, and the loss of their opportunities to hire competent and diligent lawyers to pursue their claims and defend their rights. McCalep’s misconduct also injured the legal profession. The Special Master found that the presumptive penalty was disbarment. The Special Master found the following aggravating factors: prior disciplinary history, in that McCalep received a three-year suspension for violating Rule 1.7, see McCalep, 283 Ga. at 586; dishonest or selfish motive; pattern of misconduct; and multiple offenses. See ABA Standard 9.22 (a) – (d). Moreover, the Special Master found that McCalep refused to acknowledge the wrongful nature of his conduct; his incarcerated clients were vulnerable victims; he had substantial experience in the practice of law; and he was indifferent to making restitution.10 See ABA Standard 9.22 (g)– (j). The Special Master found no applicable mitigating factors.

The Special Master summarized that McCalep’s misconduct involved keeping fees for work he did not appear to have any intention of completing, or otherwise abandoning his office to be mismanaged by his non-lawyer staff, which seriously injured the clients, and McCalep failed to respond to the disciplinary proceedings. Thus, the Special Master concluded that McCalep should be disbarred


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