In re Anthony

290 Ga. 436 (2012) · Supreme Court of Georgia · January 23, 2012

Summary

The Supreme Court of Georgia disbarred Lagrant Anthony after he defaulted on disciplinary charges alleging violations of professional-conduct rules. The charges involved direct solicitation of a prospective client, failure to appear at a bond hearing, failure to communicate with the client, failure to refund fees, and failure to respond to disciplinary authorities. The court considered Anthony’s prior disciplinary history and concluded that disbarment was appropriate.

Court
Supreme Court of Georgia
Writing for the Court
All the Justices
Jurisdiction
Georgia
Decision date
January 23, 2012
Procedural posture
Attorney disciplinary proceeding in which the State Bar sought disbarment after serving the notice of discipline by publication and the respondent failed to file a Notice of Rejection.
Standard of review
The court reviewed the disciplinary record and determined the appropriate sanction based on facts deemed admitted by the respondent's default.
Precedential value
published
Disposition
other

Topics

defaultcivil procedureremedies

Practice areas

legal ethicsattorney disciplineprofessional responsibility

Questions Presented

  1. Whether Anthony's default and the admitted facts established violations of Georgia Rules of Professional Conduct 1.3, 1.4, 7.3(d), and 9.3.
  2. Whether disbarment was the appropriate sanction in light of the violations, Anthony's prior disciplinary history, and his failure to respond to disciplinary complaints.

Holdings

  1. Because Anthony failed to file a Notice of Rejection, he was in default, waived his right to an evidentiary hearing, and the pleaded facts were deemed admitted. Those facts established violations of Rules 1.3, 1.4, 7.3(d), and 9.3 of the Georgia Rules of Professional Conduct.
  2. Disbarment was the appropriate sanction, and Anthony's name was ordered removed from the rolls of persons authorized to practice law in Georgia.

Key quotations

Having reviewed the record, this Court concludes that disbarment is the appropriate sanction in this matter. (290 Ga. at 438)
Having failed to file a Notice of Rejection, Anthony is in default, has waived his rights to an evidentiary hearing, and is subject to such discipline and further proceedings as may be determined by this Court. (290 Ga. at 437)

Factual background

Anthony personally solicited a non-lawyer who had not sought legal advice, and the person retained him in a criminal case after her mother paid him $500. He failed to appear timely at the client's bond hearing, arriving two hours after it concluded, and did not respond to subsequent inquiries or refund requests. He also failed to respond to the State Bar's investigation and had a prior disciplinary record.

Procedural history

Anthony had previously received an 18-month suspension, an interim suspension, and a public reprimand. In this proceeding, the State Bar served him by publication after personal service was unsuccessful. Anthony failed to file a Notice of Rejection and was therefore in default, waiving an evidentiary hearing. The Supreme Court of Georgia reviewed the admitted facts and the Investigative Panel's recommendation of disbarment.

Court Document

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