Thomson, Matter of, S95Y1997
| Decision Date | 08 January 1996 |
| Docket Number | No. S95Y1997,S95Y1997 |
| Citation | 464 S.E.2d 818,266 Ga. 157 |
| Parties | In the Matter of Richard H. THOMSON. |
| Court | Georgia Supreme Court |
Robert B. Remar, Kirwan, Parks, Chesin & Remar, P.C., Atlanta, for Richard H. Thomson.
Richard H. Thomson admits he violated Standards 63 (failure to maintain records of client funds) and 65(A) and (D) (failure to keep client funds separate) of Bar Rule 4-102(d). The Review Panel recommended a six-month suspension. The issue in this disciplinary case is whether during his suspension, Thomson should be subject to Standard 73, which prohibits a lawyer from allowing a suspended or disbarred attorney in his employ to have substantial client contact. Because Thomson knew or should have known he was dealing improperly with client funds, we impose a six-month suspension and refuse to exempt Thomson from Standard 73.
The record reflects that while Thomson was representing clients in a Chapter 11 bankruptcy proceeding, he held funds in escrow that were to be used to pay his clients' monthly mortgage payments. Thomson was late in paying the October 1992 mortgage payment; he withdrew funds from the escrow account for improper purposes on at least two occasions; when the escrow account contained insufficient funds to cover the November and December mortgage payments, he attempted to pay them from his operating account, but this check was also returned on two occasions for insufficient funds. Finally, in January 1993, he paid the mortgage payments for November, December, and January from his escrow account. In February, after Thomson advised the mortgage holder, the U.S. Trustee's Office, and his clients that he had impaired the funds in his escrow account and that the account was still impaired, the bankruptcy court ordered him to deposit $15,215.86 back into the account, which Thomson did, after obtaining loans from friends.
1. The Review Panel's recommendation of suspension was appropriate because Thomson knew or should have known that he was dealing improperly with his client's property and caused potential injury to his client. See ABA Standard 4.12. In recommending a six-month suspension, the Review Panel considered the following factors in mitigation: Thomson had no prior disciplinary offenses; he cooperated during the disciplinary process; he did not attempt to conceal his conduct, but notified all those concerned that his escrow account was impaired; and he entered an individual law practice without a complete understanding or training in the demands of operating a law practice and managing its business aspects. See ABA Standards 9.32(a), (e), and (f). 1 We agree that six months is appropriate in view of these mitigating factors. We also agree with the Review Panel's recommendation that...
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In re Babies
...In particular, persons practicing bankruptcy law in Georgia are subject to its rules of professional responsibility, In re Thomson, 266 Ga. 157, 464 S.E.2d 818 (1996); In re Bingley, 262 Ga. 31, 415 S.E.2d 901 (1992), and persons providing legal services with regard to bankruptcy matters wi......
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Wilson v. State Bar of Ga., 96-9116
...Supreme Court summarily denied the motion. On January 8, 1996, the Georgia Supreme Court addressed Standard 73 in In re Thomson, 266 Ga. 157, 464 S.E.2d 818 (1996) (per curiam). The court framed the issue before it as follows: "The issue in this disciplinary case is whether during his suspe......
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In re Gaines, S16Y1335
...of restitution ordered by the sentencing court is a mitigating factor in this disciplinary proceedings. See In the Matter of Thompson, 266 Ga. 157 n. 1, 464 S.E.2d 818 (1996) (payment of forced restitution is neither mitigating nor aggravating factor). The State Bar, however, recommends tha......
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Zaleon, Matter of, S97Y1667
...Rule 4-102(d). This Court concludes, however, that a public reprimand is an inadequate sanction. See, e.g., In the Matter of Thomson, 266 Ga. 157, 158(1), 464 S.E.2d 818 (1996); In the Matter of Peek, 257 Ga. 349, 350, 359 S.E.2d 677 (1987); In the Matter of Antinoro, 253 Ga. 296, 319 S.E.2......