Summary
The Supreme Court of Georgia reviewed consolidated attorney-discipline proceedings involving Edward T. Murray’s failures to communicate with clients, supervise staff, and properly handle several divorce and related matters. The Court rejected an 18-month suspension recommendation and ordered disbarment based on the violations, disciplinary history, and aggravating factors.
Topics
Practice areas
Questions Presented
- Whether the appropriate sanction for Murray's violations in four consolidated disciplinary matters was an 18-month suspension with restitution or disbarment.
- Whether Murray's disciplinary history and the aggravating factors warranted disbarment despite the mitigating character evidence and personal circumstances.
- Whether Georgia Bar Rule 4-103 applied so that a third or subsequent disciplinary infraction constituted discretionary grounds for suspension or disbarment.
Holdings
- Disbarment, rather than the recommended 18-month suspension, was the appropriate sanction for Murray's violations in the four consolidated matters.
- The established violations, together with Murray's prior disciplinary history and aggravating factors, justified removal of his name from the rolls of persons entitled to practice law in Georgia.
Key quotations
“Therefore, given the facts in these cases, Murray’s disciplinary history, and the many aggravating factors, which far outweigh the character-based mitigating factors, we agree with the State Bar that disbarment is the appropriate sanction in these matters.” (75)
“Accordingly, the name of Edward T. Murray hereby is removed from the rolls of persons entitled to practice law in the State of Georgia.” (75)
Factual background
Murray maintained a high-volume law practice focused primarily on divorce law and criminal defense, representing approximately 1,400 clients in cases involving numerous court appearances. In four matters, he failed to communicate adequately with clients, failed to supervise staff and monitor cases, filed defective documents, failed to pursue or dismiss a divorce complaint appropriately, and failed to appear at a hearing, resulting in a default judgment against a client. The matters also involved prior disciplinary history and substantial aggravating factors, although evidence of Murray's professional character and personal circumstances was offered in mitigation.
Procedural history
The State Bar filed four Formal Complaints against Murray. A special master conducted evidentiary and mitigation hearings and recommended an 18-month suspension conditioned on restitution. The Review Panel adopted that recommendation. The State Bar excepted and sought disbarment; the Supreme Court of Georgia reviewed the record and imposed disbarment.