In re Geraghty
In re Geraghty
Opinion of the Court
The State Bar of Georgia filed a formal complaint against John Geraghty alleging he violated various professional standards in connection with an agreement to represent clients in a bankruptcy matter, during a time when he was suspended from the practice of law. In his subsequent petition for voluntary discipline, Respondent admits that his clients paid him attorney fees and a filing fee for their bankruptcy proceeding; that he did not pay the filing fee into an escrow
The special master, review panel, and State Bar all agree to and recommend the terms proposed by Geraghty in his petition. The State Bar indicates suspension is appropriate under the ABA Standards for Imposing Lawyer Sanctions (1991), Standards 4.12 (suspension is generally appropriate when a lawyer knows or should know that he is dealing improperly with client property and causes injury or potential injury to a client), and 4.42 (b) (a lawyer engages in a pattern of neglect and causes injury or potential injury to a client). In mitigation of Respondent’s conduct, the State Bar points to Respondent’s previously untreated mental and emotional problems for which he is now receiving treatment and to his cooperation with the Office of the Generad Counsel of the State Bar in this proceeding. ABA Standard 9.32 (e), (h).
We have reviewed the record and conclude that a three-year suspension, with conditions, to run concurrently with his two previous suspensions is appropriate.
Further, within six months of Respondent’s reinstatement to the State Bar of Georgia, Respondent shall be required to initiate contact with the Law Practice Management Program of the State Bar of Georgia, and he shall be required to pay for and complete a full as
Three-year suspension.
We do not find Respondent’s partial restitution to be a significant factor in mitigation, because it appears that restitution was prompted by the disciplinary proceedings against Respondent. See commentary to Standard 9.32.
We note that in light of the concurrent terms of suspension, Respondent is not subject to additional time limitations on his reinstatement. His reinstatement is, nevertheless, contingent on his compliance with the additional requirements set forth in this opinion.
Reference
- Full Case Name
- IN THE MATTER OF JOHN F. GERAGHTY, JR.
- Cited By
- 1 case
- Status
- Published