In re Woodham

Summary

The Georgia Supreme Court reviewed disciplinary proceedings against attorney John Floyd Woodham arising from his intervention in bond validation proceedings and his offer to withdraw objections in exchange for payment. The Court held that the evidence did not clearly and convincingly establish violations of Georgia Rules of Professional Conduct 4.2(a) or 8.4(a)(4), and it dismissed the proceedings.

Holdings

1. Woodham did not violate Rule 4.2 (a) because his substantive communication occurred with, and in the presence of, an attorney representing the developers in the bond-validation matters, even though that attorney was not counsel of record.
2. The State Bar failed to prove clearly and convincingly that Woodham's conduct, as charged, involved dishonesty, fraud, deceit, or misrepresentation; therefore, no Rule 8.4 (a) (4) violation was established.

Questions Presented

1. Whether Woodham violated Georgia Rule of Professional Conduct 4.2 (a) by communicating about the bond-validation litigation with a corporate representative when the developers were represented by outside litigation counsel who participated in the communication.
2. Whether Woodham's offer to dismiss his intervention complaints in exchange for payment constituted professional conduct involving dishonesty, fraud, deceit, or misrepresentation in violation of Rule 8.4 (a) (4).

Disposition

dismissed