In re Erion, S00Y1238.

• Decision Date: 30 October 2000
• Docket Number: No. S00Y1238.,S00Y1238.
• Citation: 538 S.E.2d 427,273 Ga. 103
• Parties: In the Matter of Charles T. ERION.
• Court: Georgia Supreme Court

538 S.E.2d 427

273 Ga. 103

In the Matter of Charles T. ERION.

No. S00Y1238.

Supreme Court of Georgia.

October 30, 2000.

William P. Smith III, General Counsel, E. Duane Cooper, Assistant General Counsel, for State Bar of Georgia.

PER CURIAM.

The State Bar filed a Notice of Discipline against Respondent Charles T. Erion alleging violations of Standards 22 (a lawyer shall not withdraw from employment until he has taken reasonable steps to avoid foreseeable prejudice to the rights of his client, including giving due notice to his client, allowing time for employment of other counsel, delivering to the client all papers and property to which the client is entitled and complying with applicable laws and rules); 23 (a lawyer who withdraws from employment shall refund promptly any part of a fee paid in advance that has not been earned); 44 (a lawyer shall not without just cause to the detriment of his client in effect wilfully abandon or wilfully disregard a legal matter entrusted to him); and 68 (a lawyer shall not fail to respond to disciplinary authorities in accordance with disciplinary rules) of Bar Rule 4-102(d). The State Bar also filed a Proof of Service of Notice of Discipline and Motion for Expedited Issuance of Order and Opinion pursuant to Bar Rules 4-208.1, 4-208.2, and 4-208.3 requesting that this Court adopt the State Bar's Notice of Discipline. Although Erion was personally served with the Notice of Discipline on May 16, 2000, he failed to file a Notice of Rejection of the Notice of Discipline pursuant to Bar Rule 4-208.3(a) and consequently, pursuant to Bar Rule 4-208.1(b), is in default, has no right to an evidentiary hearing, and is subject to discipline by this Court. The State Bar has recommended disbarment as an appropriate sanction for Erion's violations of Standards 22, 23, 44, and 68 of Bar Rule 4-102(d). We agree.

In the instant case, a church congregation (hereinafter "client") retained Erion for representation in a litigation matter and paid him an initial retainer of $750. Erion later requested an additional $2,000 fee, which the client gave to Erion by check. After giving Erion the additional fee, the client was unable to contact him and placed a hold on the $2,000 check. Erion subsequently failed to represent the client in the litigation matter or to refund any portion of the $750 fee, all or some of which he failed to earn. As a result of Erion's conduct, the client suffered needless worry and concern and risked the loss of legal rights and remedies available to it. Accordingly, we agree with the State Bar that disbarment is warranted as a result of Erion's violation of Standards 22, 23, 44, and 68 of Bar Rule 4-102(d). Erion hereby is disbarred from the practice of law in Georgia. He is reminded of his duties under Bar Rule 4-219(c).

Disbarred.

All the Justices concur, except BENHAM, C.J., SEARS and CARLEY, JJ., who dissent.

BENHAM, Chief Justice, dissenting.

I dissent because I am concerned about the Court's institutional integrity with respect to maintaining predictability, certainty and stability in attorney discipline. I believe the discipline administered in this case is draconian in its scope, inconsistent with other recent impositions of discipline, and incompatible with appropriate goals of lawyer discipline.

While a violation of Standard 44 is punishable by disbarment, imposition of that penalty in the present case is excessive. As the majority opinion recites, the only effects of Erion's failure to attend to his client's legal matters were the loss of the $750 fee the client paid, some worry and concern by the client's members, and the risk of the loss of legal rights. It is important to note that there is no suggestion that Erion's behavior resulted in the actual loss of any rights. While any violation of Standard 44 is a serious disciplinary breach that demands the imposition of an appropriate sanction, a violation that cannot be said to have caused any more actual loss to a client than the loss of the fee does not warrant what amounts to a professional death penalty.

Recent disciplinary decisions by this Court demonstrate the excessiveness of the penalty being imposed in the present case. Most telling in that regard is our decision in In the Matter of Zoota, 272 Ga. 496, 532 S.E.2d 107 (2000), where just four months ago we rejected the State Bar's call for disbarment of a lawyer who accepted payment in advance...