In the Matter of L. Nicole Brantley

Summary

The Supreme Court of Georgia rejects L. Nicole Brantley’s petition for voluntary discipline arising from her failure to refund unearned client fees and timely pay a fee-arbitration award. The Court concludes that her disciplinary history, initial denials and lack of candor, delayed restitution, and other aggravating circumstances make the proposed Review Board reprimand insufficient, and remands the matter for an evidentiary hearing.

Holdings

1. The proposed Review Board reprimand was insufficient because the Court had to consider the misconduct in the context of Brantley's extensive disciplinary history, her willful refusal to refund client fees, her failure to appear at fee arbitration, her delayed payment, and her initial lack of candor.
2. The petition for voluntary discipline was rejected, and the matter was remanded for an evidentiary hearing.

Questions Presented

1. Whether the proposed Review Board reprimand was sufficient discipline for Brantley's violation of Rule 1.16(d) in light of her prior disciplinary history, the circumstances of the misconduct, and the aggravating factors.
2. Whether the Court should accept or reject Brantley's petition for voluntary discipline.

Disposition

remanded