In re Kirby, S18Y1513
| Decision Date | 22 October 2018 |
| Docket Number | S18Y1513 |
| Citation | 304 Ga. 628,820 S.E.2d 729 |
| Parties | In the MATTER OF William Leslie KIRBY III. |
| Court | Georgia Supreme Court |
304 Ga. 628
820 S.E.2d 729
In the MATTER OF William Leslie KIRBY III.
S18Y1513
Supreme Court of Georgia.
Decided: October 22, 2018
Andreea N. Morrison, Assistant General Counsel, Paula J. Frederick, General Counsel, Jenny K. Mittelman, STATE BAR OF GEORGIA, 104 Marietta St. NW, Suite 100, Atlanta, Georgia 30303, for Appellant.
William Leslie Kirby, III, 211 Ninth Street, Columbus, Georgia 31901, for Appellee.
Herman Maddox Kilgore, KILGORE & RODRIGUEZ LLC, 36 Ayers Avenue, Marietta, Georgia 30060, James Charles Thornton, THORNTON & GRAHAM PC, 200 Church Street, LaGrange, Georgia 30240-0008, for Appellee.
PER CURIAM.
This disciplinary matter is before the Court on the June 27, 2018 report and recommendation of Special Master James Charles Thornton, recommending that the Court accept the petition for voluntary discipline filed by William L. Kirby (State Bar No. 220475) to resolve four matters by imposing a State Disciplinary Review Board reprimand.1 As detailed below, in each of the
cases Kirby neglected his clients’ matters, failed to communicate with his clients, and/or failed to fulfill his obligations upon withdrawal. Although the State Bar does not oppose the petition, we find that the requested sanction is insufficient in the light of the pattern of misconduct, the multiple clients harmed, and the lack of any assurance that the issues that led to Kirby’s misconduct have been resolved. Therefore, we reject the petition.
Kirby was admitted to the Bar in 2008 and received an Investigative Panel reprimand in 2016. Four formal complaints were served on Kirby on the same day, October 18, 2017. With regard to State Disciplinary Board Docket ("SDBD") No. 6926, Kirby admits that he
was retained in 2014 to represent a client in a child-support modification action and was paid $375. He filed the modification action, albeit later than he promised. When a motion for contempt was filed against his client, Kirby failed to appear at a 2016 hearing on the motion. The client was held in contempt for failing to pay child support and had income deduction orders entered against her. Kirby failed to respond to the client’s multiple requests for information and failed to perform necessary work on the matter. Kirby admits that by this behavior he violated Rules 1.2, 1.3, and 1.4 of the Georgia Rules of Professional Conduct.
With regard to SDBD No. 6977, Kirby admits that a client retained him in 2012 to defend her against criminal charges. After the client was convicted, Kirby advised her to seek appointed counsel for the appeal but failed to file a notice of withdrawal even though he had no plans to represent her. Although Kirby gave a copy of his file to the client’s family, he failed to respond to new counsel’s request for a copy of his file after counsel was appointed in July 2015. New counsel filed a motion in March 2016 to compel Kirby to produce his file, but Kirby failed to respond. Kirby admits that by his conduct he violated Rules 1.4 and 1.16.
With regard to SDBD No. 6978, Kirby admits that in February 2014 he was retained to represent a client in divorce proceedings. After a March 2015 mediation, the client refused to sign a negotiated agreement and informed Kirby that he wished to retain new counsel. Kirby gave the client a copy of his file and told the client that he was withdrawing. But he failed to file a notice of withdrawal with the court and failed to communicate with the client. As a result of Kirby’s failure to withdraw properly, the client was unable to retain another attorney. Kirby admits that by this conduct he violated Rules 1.4 and 1.16.
Finally, with regard to SDBD No. 6979, Kirby admits that in 2011 a client hired him to file an uncontested divorce and paid him a $700 retainer. Although Kirby filed the petition for divorce in January 2012, he stopped communicating with the client and did not perform any additional work on the case until July 2013, when the parties negotiated and signed an agreement. Kirby prepared a final judgment and decree but did not file it with the court because the court required the parties to attend a seminar for divorcing parents. Although Kirby informed the client of this requirement, the client did not attend the seminar. In February 2016, the client notified Kirby that he was terminating Kirby’s services. Kirby failed to send the client his file, although he had promised to do so, and he did not properly withdraw from the representation. Kirby failed thereafter to respond to the client’s inquiries and requests for a refund. Kirby
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In re Kirby
...matter before the Court, following the rejection of two previous petitions for voluntary discipline. See In the Matter of Kirby , 304 Ga. 628, 820 S.E.2d 729 (2018) (" Kirby I "); In the Matter of Kirby , 307 Ga. 316, 835 S.E.2d 637 (2019) (" Kirby II "). In this third petition, William Les......
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In re Kirby
...matter before us, following the rejection of three previous petitions for voluntary discipline. See In the Matter of Kirby , 304 Ga. 628, 820 S.E.2d 729 (2018) (" Kirby I "); In the Matter of Kirby , 307 Ga. 316, 835 S.E.2d 637 (2019) (" Kirby II "); In the Matter of Kirby , 309 Ga. 826, 84......
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In re Kirby, S20Y0079
...1.2, 1.3, 1.4, and 1.16 (c) and (d), of the Georgia Rules of Professional Conduct found in Bar Rule 4-102 (d). See In the Matter of Kirby , 304 Ga. 628, 820 S.E.2d 729 (2018). The Special Master has now issued a second report and recommendation, recommending that this Court accept Kirby’s s......
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Legal Ethics
...at 444, 819 S.E.2d at 9.91. Id. at 444-45, 819 S.E.2d at 9.92. Id. at 445-46, 819 S.E.2d at 10 (Melton, C.J., dissenting).93. In re Kirby, 304 Ga. 628, 628, 820 S.E.2d 729, 729 (2018).94. Id. at 630, 820 S.E.2d at 731. 95. Id. at 632, 820 S.E.2d at 732.96. 304 Ga. 851, 823 S.E.2d 325 (2019)......