Summary
The Supreme Court of Georgia granted Charles Houston Richards, Jr.’s application for certification of fitness for readmission to the Georgia Bar. The court found that he had satisfied the procedural requirements, demonstrated rehabilitation and remorse, and reimbursed the Client Security Fund, while conditioning reinstatement on satisfaction of remaining requirements, including passing the Georgia Bar Examination.
Topics
Practice areas
Questions Presented
- Whether Richards demonstrated by clear and convincing evidence that he was fit to practice law and therefore entitled to certification for readmission.
- Whether Richards satisfied the procedural requirements for certification under Part A, Section 10 of the Rules Governing Admission to the Practice of Law in Georgia.
Holdings
- Richards demonstrated by clear and convincing evidence that he was fit to practice law in Georgia and was entitled to certification of fitness for readmission.
- Richards met the procedural requirements of Part A, Section 10 of the Rules Governing Admission to the Practice of Law in Georgia.
Key quotations
“We are convinced of his candor, credibility, and rehabilitation, and conclude that Richards has demonstrated by clear and convincing evidence that he is entitled to be certified as fit to practice law in Georgia.” (443)
“Accordingly, this Court hereby grants Richards’ application for certification of fitness and orders that, upon satisfaction of all the requirements of Part B of the Rules, including taking and passing the Georgia Bar Examination, Richards may be reinstated as an attorney licensed to practice law in the State of Georgia.” (443)
Factual background
Richards was admitted to the Georgia Bar in 1991 and disbarred in 2008 after failing to respond to disciplinary notices involving mishandling client funds and insufficient trust-account funds. He documented a history of alcohol and drug abuse, expressed remorse, accepted responsibility, and presented evidence of extensive rehabilitation, community service, professional conduct, and support from personal references. The Client Security Fund confirmed that it had paid $34,292.88 on claims against him and that Richards reimbursed the Fund in full in January 2012.
Procedural history
Richards was disbarred in Georgia in 2008 after failing to respond to two Notices of Discipline. In July 2014, he filed an application for certification to practice law, supported by a statement of rehabilitation and evidence of restitution and community involvement. The Fitness Board followed the required notice and review procedures, certified him for readmission, and submitted its report and record to the Supreme Court of Georgia, which granted the application subject to satisfaction of the remaining Part B requirements, including passing the Georgia Bar Examination.