Kunin, Matter of, 246
| Citation | 252 Ga. 310,313 S.E.2d 697 |
| Decision Date | 16 March 1984 |
| Docket Number | No. 246,246 |
| Parties | In the Matter of Joab L. KUNIN. |
| Court | Supreme Court of Georgia |
John C. Grabbe IV, Freisem, Grabbe & Swann, Atlanta, for joab kunin.
Omar W. Franklin, Jr., Gen. Counsel, George E. Hibbs, Asst. Gen. Counsel, Atlanta, for the State Bar of Georgia.
The State Bar of Georgia filed formal complaint against Kunin contending that Kunin had received a sum of money in settlement of his client's claim, deposited it in his trust account, and thereafter paid over to himself certain sums without authorization from his client. Kunin filed an answer, denying all charges of inappropriate conduct. The state served interrogatories upon him, and took his client's deposition. In July, 1982 (more than a year after this proceeding was initiated, and three years after the acts complained of) Kunin filed a request for voluntary discipline.
It is undisputed that Kunin withdrew funds belonging to his client from his trust account and applied them to his personal use, without the authorization of his client. He contends that such withdrawals were for sums owed to him by virtue of legal services performed on behalf of his client.
The Special Master submitted findings of fact in which he determined that checks in excess of $13,000 belonging to the client were deposited in Kunin's trust account; that in May and June of 1981 the client requested an accounting of the funds, and that Kunin failed to account for the money held in trust. The Special Master concluded that Kunin had violated Standard 63 of Rule 4-102 (Code Ann. Title 9 Appendix) of the Georgia Bar Rules in failing to maintain complete records and to render promptly appropriate accounting to his client, and that he had violated Standard 65 of Rule 4-102 (Code Ann. Title 9 Appendix) "in that he failed to account for trust property when requested to do so." The Special Master made no recommendation as to the form of discipline to be approved.
The State Disciplinary Board adopted the Findings of Fact and Conclusions of Law of the Special Master, and recommended that Kunin receive a private reprimand.
Upon consideration of the matter, this Court, by order, returned it to the State Disciplinary Board with direction that the record be supplemented to show whether or not Kunin had resolved all matters to the satisfaction of his client. Pursuant to that remand, the Board supplied the affidavit of the client, the essential portion of which is as follows: "After consultation with my current attorney, I believe that my complaint against my former attorney, Joab L. Kunin, has been resolved to my satisfaction provided that the matters of the fees Attorney Kunin charged me for his services can be...
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Pope v. State
...funds held by an attorney to the satisfaction of liquidated sums owing to the attorney." (Emphasis supplied.) In the Matter of Kunin, 252 Ga. 310, 311, 313 S.E.2d 697 (1984). A "liquidated claim" is one the amount of which has been agreed upon by the parties involved or is fixed by operatio......
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People v. Gray
...a trust account has no more right to make a unilateral disbursal of it to himself than he would to a stranger." In the Matter of Kunin, 252 Ga. 310, 313 S.E.2d 697, 699 (1984). "[The statute authorizing attorneys' liens] must be understood to authorize the application of client funds held b......
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Meier, Matter of
...of Antinoro, 253 Ga. 296, 319 S.E.2d 460 (1984); In the Matter of Sheplock, 253 Ga. 293, 319 S.E.2d 457 (1984); In the Matter of Kunin, 252 Ga. 310, 313 S.E.2d 697 (1984); In the Matter of Gaughen, 251 Ga. 532, 307 S.E.2d 909 (1983); In the Matter of Gross, 251 Ga. 438, 306 S.E.2d 301 (1983......
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In re Anderson, S09Y1594.
...find that Anderson acted in bad faith by unilaterally paying himself from the Bradbary funds without consent, see In the Matter of Kunin, 252 Ga. 310, 313 S.E.2d 697 (1984). Violations of Rules 1.15(I) and 1.15(II) may be punished by disbarment. In aggravation of discipline we note Anderson......
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Opinions
...a trust account has no more right to make a unilateral disbursal of it to himself than he would to a stranger." In the Matter of Kunin, 313 S.E. 2d 697, (Ga. 1984). "[The statute authorizing attorneys' liens] must be understood to authorize the application of client funds held by an attorne......