In the Matter of Joseph A. Maccione

Summary

The Supreme Court of Georgia rejected Joseph A. Maccione’s petition for voluntary discipline arising from violations of Rules 5.3 and 8.4(a)(4) of the Georgia Rules of Professional Conduct. The Court concluded that a Review Panel reprimand was inadequate in light of the serious misconduct, Maccione’s supervision or acquiescence in an employee-contractor’s conduct, and his prior disciplinary history.

Holdings

1. Maccione violated Rules 5.3 and 8.4(a)(4) because he supervised or otherwise acquiesced in the wrongful conduct of the employee or contractor to the detriment of his client.
2. A Review Panel reprimand was not an appropriate sanction under the circumstances; the Court rejected Maccione's petition for voluntary discipline.

Questions Presented

1. Whether Maccione violated Rules 5.3 and 8.4(a)(4) of the Georgia Rules of Professional Conduct based on his supervision of and acquiescence in the employee or contractor's conduct.
2. Whether a Review Panel reprimand with conditions was an appropriate sanction for the admitted violations.

Disposition

rejected