In re Williams

Summary

The Georgia Supreme Court rejected Samuel Williams, Jr.’s petition for voluntary discipline arising from his guilty plea to selling unregistered securities and his handling of investor funds through his law-firm trust account. The Court concluded that a suspension concurrent only with his criminal probation would be insufficient, particularly because the conduct directly involved his law practice and generated legal fees. The Court declined to impose a longer suspension nunc pro tunc because Williams did not establish that he had stopped practicing law after his conviction.

Holdings

1. A suspension lasting only as long as Williams's criminal probation was insufficient discipline under the circumstances, and the Court therefore rejected his petition for voluntary discipline.
2. Although the delay in initiating disciplinary proceedings could be considered as a mitigating factor, the delay did not make the proposed concurrent suspension sufficient.
3. A lawyer seeking a nunc pro tunc suspension based on voluntarily ceasing practice must provide evidence of the date practice ended and compliance with the ethical obligations associated with ceasing practice.

Questions Presented

1. Whether the proposed suspension concurrent with Williams's Alabama probation was sufficient discipline for his felony conviction and violation of Georgia Rule of Professional Conduct 8.4(a)(2).
2. Whether the delay between Williams's self-reporting and the initiation of disciplinary proceedings, together with the mitigating circumstances, justified accepting the proposed voluntary discipline.
3. Whether the record supported imposing a suspension nunc pro tunc based on any period during which Williams voluntarily stopped practicing law.

Disposition

other