In the Matter of David Roberson

273 Ga. 651, 544 S.E.2d 715 (2001) · Supreme Court of Georgia · April 5, 2001 · No. S00Y1941

Summary

The Supreme Court of Georgia reviewed a disciplinary matter involving attorney David Roberson's representation of a patient and her guardian in a medical malpractice settlement. The court found violations involving dishonesty, conflicts of interest, excessive fees, abandonment, failure to account for client funds, and commingling of trust property. Roberson was disbarred and required to make full restitution to the estate before seeking reinstatement.

Holdings

  1. The State Bar proved by clear and convincing evidence that Roberson violated Standards 4, 30, 31(a), 31(d)(2), 36, 44, 61, 63, and 65(A) of Bar Rule 4-102(d).
  2. Disbarment was the appropriate sanction for Roberson's violations.
  3. Before submitting any petition for reinstatement, Roberson must make full restitution to the estate of all money he received in connection with his representation of the estate.

Questions Presented

  1. Whether Roberson violated the specified Georgia disciplinary standards through dishonesty, conflicts of interest, excessive or inadequately documented fees, abandonment or disregard of the client's matter, and mishandling or failure to account for client funds and property.
  2. Whether disbarment was the appropriate sanction for the proven violations.
  3. Whether full restitution to the estate should be imposed as a condition before any petition for reinstatement.

Disposition

other

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