In re Eastham
In re Eastham
Opinion of the Court
This disciplinary matter is before the Court pursuant to the Report and Recommendation of a special master who was appointed following the filing of a Formal Complaint by the State Bar. The Formal Complaint alleged, and the special master found, that Eastham violated Standard 23/Rule 1.16 (d) (lawyer shall refund an advance payment of fee that a lawyer has not earned); Standard 44/Rule 1.3 (lawyer shall not wilfully abandon or disregard a legal matter to the client’s detriment); Rule 1.4 (lawyer shall keep a client reasonably informed about the status of matters and shall promptly comply with reasonable requests for information); and Rule 9.3 (lawyer shall respond to disciplinary authorities in accordance with disciplinary rules) of Bar Rule 4-102 (d). A violation of Standard 44/Rule 1.3 may be punished by disbarment, while a violation of Standard 23/Rule 1.16 (d) and Rules 1.4 and 9.3 may be punished by public reprimand.
Despite being personally served with the Formal Complaint, Eastham failed to timely respond and the facts alleged were deemed admitted by the special master pursuant to Bar Rule 4-212 (a). Based on Eastham’s admissions, by virtue of his failure to timely respond, the special master found that Eastham knowingly violated Standard 44/Rule 1.3; Standard 23/Rule 1.16 (d); and Rules 1.4 and 9.3 of Bar Rule 4-102 (d) and recommended disbarment as the appropriate sanction. We agree.
The facts deemed admitted show that Eastham has been licensed to practice law in Georgia since 1985 but currently resides in Oregon; his official address with the State Bar of Georgia’s member
. Considering those facts, we agree with the special master that Eastham knowingly violated Standard 44/Rule 1.3; Standard 23/Rule 1.16 (d); and Rules 1.4 and 9.3 of Bar Rule 4-102 (d). As aggravating circumstances, we note Eastham’s dishonest or selfish motive and his substantial experience in the practice of law. We note no factors in mitigation and therefore we find that the facts in this case support the imposition of a significant sanction for the violations shown herein. Accordingly, it is hereby ordered that Eastham be disbarred from the practice of law in Georgia. He is reminded of his duties under Bar Rule 4-219 (c).
Disbarred.
Reference
- Full Case Name
- IN THE MATTER OF JAMES L. EASTHAM
- Status
- Published