Summary
The Georgia Supreme Court disbarred Robert T. Thompson, Jr., after he defaulted in a disciplinary proceeding. The court found that he misappropriated and failed to safeguard a client’s funds, made false statements regarding those funds, failed to return them, and violated multiple Georgia Rules of Professional Conduct.
Topics
Practice areas
Questions Presented
- Whether Thompson's default established the disciplinary allegations and waived his right to an evidentiary hearing.
- Whether disbarment was the appropriate sanction for Thompson's violations of the Georgia Rules of Professional Conduct.
Holdings
- Because Thompson failed to file a Notice of Rejection after proper service by publication, he was in default, waived his right to an evidentiary hearing, and was subject to discipline based on the deemed-admitted facts.
- Disbarment was the appropriate sanction, and Thompson's name was ordered removed from the rolls of persons authorized to practice law in Georgia.
Key quotations
“Therefore, he is in default, has waived his right to an evidentiary hearing, and is subject to such discipline and further proceedings as may be determined by this Court.” (296 Ga. at 491)
“Having reviewed the record, we conclude that disbarment is the appropriate sanction in this matter.” (296 Ga. at 492)
Factual background
Thompson accepted $15,000 in monthly payments into his trust account from a client who believed the payments were needed to show good faith in foreclosure litigation, although no court order required them. He did not maintain the funds in his attorney trust account and later falsely characterized the money as payment for additional legal services. After the client requested return of the funds, Thompson refused, and he also failed to comply with disciplinary response deadlines.
Procedural history
The State Bar sought disbarment of Robert T. Thompson, Jr. after an investigative panel found violations of multiple Georgia Rules of Professional Conduct. Thompson failed to file a timely response to the Notice of Investigation and failed to file a Notice of Rejection after service of the Notice of Discipline. The Supreme Court of Georgia reviewed the record and imposed disbarment.