Scherma, Matter of, 378
Decision Date | 27 November 1985 |
Docket Number | No. 378,378 |
Citation | 255 Ga. 206,336 S.E.2d 570 |
Parties | In the Matter of Fredrick M. SCHERMA. |
Court | Georgia Supreme Court |
William P. Smith III, Gen. Counsel State Bar, Omer W. Franklin, Jr., Gen. Counsel, Joe David Jackson, Asst. Gen. Counsel, Atlanta, for the State Bar.
The State Disciplinary Board of the State Bar of Georgia found that respondent, Frederick R. Scherma, had violated Standards 4 and 65 of Bar Rule 4-102.
The respondent was charged by formal complaint with withholding from his client in a workers' compensation case more than the agreed amount as attorney fees, and with endorsing and depositing to his own account checks payable to the client using a forged power of attorney.
The State Disciplinary Board entered the following findings of fact and conclusions of law:
Respondent enumerates as error that the Board erred in its findings of fact 2-6, above. He also urges that the Board erred in not considering newly discovered evidence that his client was satisfied with respondent's handling of the case and his fee. 1
Bar Rule 4-219(a) provides that findings of fact by the State Disciplinary Board shall be conclusive if supported by any evidence. The evidence supports findings of fact 2-6, above. For example, the client testified that the signature on the power of attorney was not his, and this testimony was confirmed by a document examiner from the GBI Division of Forensic Sciences. In addition, the client testified that he did not orally authorize respondent to sign his name on (endorse) his benefit checks, and the existence of the forged power of attorney corroborates this testimony. Finally, the client testified that he signed the workers' compensation...
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...of a client without permission. In the Matter of Antinoro, 253 Ga. 296, 319 S.E.2d 460 (1984); see also In the Matter of Frederick M. Scherma, 255 Ga. 206, 336 S.E.2d 570 (1985). Moreover, public policy would not allow attorneys to be exempt from laws against endorsing checks without author......
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