In re Quinlan

Summary

The Supreme Court of Georgia suspended James William Quinlan from practicing law for three years based on violations involving failure to file a client's bankruptcy petition, mishandling the client's filing fee, and practicing before a bankruptcy court while suspended. Reinstatement was conditioned on making unconditional restitution of $60 to the affected client. The court also addressed the untimeliness of Quinlan's request for review panel review.

Holdings

1. Quinlan violated Standards 4 and 44 of Bar Rule 4-102(d) by wilfully misrepresenting that the bankruptcy petition would be filed, wilfully disregarding the entrusted legal matter, and engaging in deceit and wilful misrepresentation through the conditional handling of the client's filing fee.
2. Quinlan knowingly violated Standards 4 and 25 of Bar Rule 4-102(d) by filing a pleading in the United States Bankruptcy Court while suspended from practice, failing to disclose the suspension, and thereby practicing in a jurisdiction in violation of applicable professional regulations.
3. A three-year suspension from the practice of law was warranted, conditioned on Quinlan's making unrestricted restitution of $60 to the client in Case No. S01Y0127 before reinstatement.
4. Quinlan's request for Review Panel review was untimely because it was not submitted to the special master within thirty days after the special master's report was filed.

Questions Presented

1. Whether Quinlan violated Bar Rule 4-102(d), Standards 4 and 44, by assuring a client that a bankruptcy petition would be filed, failing to file it, and attempting to condition return of the filing fee on release of liability.
2. Whether Quinlan violated Bar Rule 4-102(d), Standards 4 and 25, by practicing and filing a pleading in federal bankruptcy court while suspended from the practice of law and without disclosing his suspension.
3. What discipline was appropriate for the combined violations and aggravating circumstances.
4. Whether Quinlan's request for Review Panel review was timely under Bar Rule 4-217(d).

Disposition

other