In In re Ballew, S10Y0213 (Ga. 2010), the Supreme Court of Georgia disbarred an attorney for failure to remit a clients funds and forgery legal documents.
The Georgia Supreme Court affirmed the Report and Recommendation of the Review Panel, which concluded that Ballew violated GA R. Proff. Conduct 1.8 (e) when he advanced money to the client prior to receiving any settlement funds, 1.15 (I) as Ballew took advantage of his position of trust as fiduciary for the client’s settlement funds, 1.15 (II) as Bellew failed to remit settlement funds to the client or place the funds in an interest baring IOLTA account and 8.4 (a) (4) when Ballew forged his clients signature on legal documents.
The Georgia Supreme Court has in the past disbarred attorneys for violating Rules 1.15 (I), 1.15 (II) and 8.4 (a) (4), see In the Matter of McKenna, 282 Ga. 469 (651 SE2d 80) (2007) and In the Matter of Ballard, 280 Ga. 504 (629 SE2d 809) (2006), and for settling claims without client authority and forging clients’ names on settlement documents, see In the Matter of King, 278 Ga. 384 (602 SE2d 636) (2004).
This case teaches the importance an attorney’s duty to a client of responsible accounting management. Rule 1.15 (I) provides "A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation”. Rule 1.15 (II) sub. C states, “All clients’ funds shall be placed in either an interest-bearing account with the interest being paid to the client or an interest-bearing (IOLTA) account with the interest being paid to the Georgia Bar Foundation”. In addition, this case illustrates a lawyer’s duty under Rule 8.4 (a) (4) stat an attorney shall not “engage in professional conduct involving dishonesty, fraud, deceit or misrepresentation”.
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