Settled Jurisprudence

The Georgia Supreme Court has disbarred an attorney

With regard to SDBD No. 7694,5 the facts show that Raines represented two minor siblings in a personal injury matter and, upon settling their claims in June 2021, received settlement checks in the amount of $20,000 and $23,000, which he deposited in his IOLTA account. In the months following the settlement, the siblings’ mother emailed and called Raines on numerous occasions to inquire about the settlement and disbursement of the funds. Raines only responded to some of the mother’s contact attempts and failed to disburse the settlement funds, telling the mother that he was working on reducing or eliminating the hospital liens that had been filed for the siblings’ treatment. However, Raines failed to take any action on paying the hospital liens. Additionally, Raines withdrew the siblings’ funds for his personal use—allowing the balance in the account to drop as low as $1.37 when, after attorney fees, the account should have held $27,838.68—and failed to maintain complete records. In May 2022—eleven months after settling the siblings’ claims Raines issued checks from his personal operating account to the siblings for $14,907.72 and $12,930.96; Raines did not disburse the funds to the siblings from his IOLTA account, nor did he satisfy the third-party interests in the settlement funds, as he failed to pay the hospital.

In another personal injury matter

upon settling their claims in September 2019, Raines failed to promptly disburse funds to the clinic to satisfy its third-party interests in the settlement funds and failed to respond to the clinic’s requests for payment. Moreover, Raines did not disburse funds to the clinic until August 30, 2022, and September 7, 2022, and did so only after the clinic filed a grievance with the State Bar.

Sanction

Upon reviewing the record, we agree with the Special Master that disbarment is the appropriate sanction for Raines’s intentional violation of Rules 1.15 (I) (a), 1.15 (I) (b), 1.15 (I) (c), and 1.15 (II) (b)  and that this sanction is consistent with prior cases disbarring lawyers for similar conduct.

(Mike Frisch)