In re Archer
In re Archer
Opinion of the Court
These disciplinary matters are before the Court on the Notices of Discipline filed by the State Bar seeking to disbar Respondent Scott Patrick Archer (State Bar No. 021317). The State Bar attempted to serve Archer personally at the address listed with it, but the sheriff filed a return of service non est inventus. The State Bar then properly served Archer by publication pursuant to Bar Rule 4-203.1 (b) (3) (ii). As Archer failed to file a Notice of Rejection, he is in default, has waived his right to an evidentiary hearing, and is subject to such discipline and further proceedings as may be determined by this Court, see Bar Rule 4-208.1 (b).
The facts, as deemed admitted by virtue of Archer’s default, show that in S13Y0385, a client retained Archer to represent him in post-trial motions and an appeal in a criminal case. In April 2011 Archer filed a motion for new trial on his client’s behalf in which he stated that he would submit a supplemental motion and brief after he reviewed the trial transcripts. Over several months, the client paid Archer $2,500 to pursue the motion for new trial. After filing the motion, however, Archer did nothing else in the client’s case and has
Based on these facts, the State Bar contends that Archer violated Rules 1.3, 1.4, 1.5, 1.16, 3.2 and 9.3 of the Georgia Rules of Professional Conduct, see Bar Rule 4-102 (d). A violation of Rule 1.3 maybe punished by disbarment, while the maximum sanction for a violation of the other rules charged is a public reprimand. In support of its request to disbar Archer, the State Bar notes in aggravation that Archer has these multiple cases seeking disbarment pending contemporaneously.
We have reviewed the record and agree that disbarment is the appropriate sanction. Therefore, it hereby is ordered that the name of Scott Patrick Archer be removed from the rolls of persons authorized to practice law in the State of Georgia. Archer is reminded of his duties under Bar Rule 4-219 (c).
Disbarred.
Reference
- Full Case Name
- IN THE MATTER OF SCOTT PATRICK ARCHER (two cases)
- Cited By
- 2 cases
- Status
- Published