In the case of In the Matter of Marcea O’BRIEN-CARRIMAN, 702 S.E.2d 635 (Georgia 2010), the Georgia Supreme court disbarred attorney Marcea O’BRIEN-CARRIMAN for violating Rule 5.3; responsibilities regarding non-lawyer assistants, Rule 5.4; professional independence of a lawyer, and Rule 8.1; bar admission and disciplinary matters. Marcea O’BRIEN-CARRIMAN decided to open her own legal practice where she was involved in a business relationship with a non-lawyer and agreed to pay the non-lawyer a percentage of what she made from the cases. The relationship was ended a year later when Marcea became worried that what they were doing could be considered unauthorized practice of law, when an investigation was made of the the non-lawyer's activities. Under oath, Marcea made submissions about the fee splitting in which she lied twice about before finally admitting to the Office of General Counsel that she agreed to split the fees with the non-lawyer.This case teaches the importance of a lawyer’s duty under Rules 5.4 (a)”an agreement by a lawyer with the lawyer’s firm, partner, or associate may provide for the payment of money”. Rule 8.1 (a) “shall not knowingly make a false statement of material fact”. And Rule 5.3 (b) “a lawyer having direct supervisory authority over the non-lawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer”.
Find the case at: http://www.gasupreme.us/sc-op/pdf/s09y2049.pdf
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You need to get your fact straight before you defame the name of people in your articles. This attorney was NOT disbarred!
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