In re McDonald
In re McDonald
Opinion of the Court
These disciplinary matters are before the Court on four Notices of Discipline filed by the State Bar against Respondent Robert Anthony McDonald (State Bar No. 489579). Each notice charged McDonald with violating multiple rules set out in the Georgia Rules of Professional Conduct, see Bar Rule 4-102 (d). The State Bar seeks McDonald’s disbarment, and we agree that disbarment is the appropriate discipline in these cases.
Case No. S14Y1413
By virtue of his default, McDonald admits that a client retained him in May 2010 to represent her regarding an automobile accident that occurred in May 2010, in which she suffered injuries. McDonald had minimal communication with the client during the following two years, but filed an action on her behalf in May 2012. Although the client made repeated efforts to communicate with McDonald by telephone, e-mail, and certified mail, his phone was disconnected, his e-mail inoperative, and certified mail was returned as unclaimed. The client’s case appeared on a default calendar in January 2013 but when McDonald did not appear, the case was dismissed for want of prosecution. In March 2013, the client sent McDonald a letter expressing her dissatisfaction with his failure to communicate and demanding information about the status of her case. When McDonald failed to respond, the client filed a grievance. In April 2013, she accepted a settlement directly from the insurer. McDonald did not respond to the Investigative Panel in this matter. The Bar submits that this conduct violates Rules 1.2 (a), 1.3, 1.4, 1.16 and 9.3.
Case No. S14Y1414
By virtue of his default, McDonald admits that a client retained him in 2007 to represent her regarding an automobile accident in which she suffered injuries. McDonald had minimal communication with the client during the next two years and in 2009, he advised her that the defendant was in active military service and that she therefore could not proceed with her suit until he returned. In May 2009, McDonald told the client that he was filing her action since the statute of limitations would expire soon, but that he was unable to reach the defendant’s commanding officer, and that the insurer would not return his calls. To assist in filing her complaint, the client provided McDonald with the original documents concerning all of her medical records and expenses. Later in 2009 and throughout 2010,
Case No. S14Y1415
By virtue of his default, McDonald admits that in July 2012, he was retained to represent a defendant in a criminal matter pending in the State Court of Douglas County. McDonald filed an entry of appearance and waiver of arraignment on behalf of the client but then had no communication with him despite the client’s repeated efforts to contact McDonald. McDonald did not file any further pleadings on his client’s behalf, and when the case appeared on the court’s calendar he failed to appear. The client, who was present for the calendar call, informed the court of McDonald’s failure to respond to his efforts to contact him, and the court issued an Order for Withdrawal of Attorney on June 3,2013. The client was able to obtain appointed counsel to resolve his case. McDonald has not responded to the Investigative Panel in this matter. The Bar submits that this conduct violates Rules 1.2 (a), 1.3, 1.4, 3.2, and 9.3.
Case No. S14Y1416
By virtue of his default, McDonald admits that in October 2009, a client retained him to pursue a personal injury action involving
Although the Investigative Panel admits that McDonald has no prior disciplinary history, it notes that disbarment is the maximum punishment for violating Rules 1.3,1.15 (I) and (II), and 8.4 (a) (4) and asserts that disbarment is warranted because McDonald acted willfully and dishonestly in failing to communicate with his clients, in abandoning the legal matters entrusted to him, in misrepresenting to his client in Case No. S14Y1414 the status of her legal matter, in dismissing that client’s matter without her knowledge, and in failing to account for and properly disburse the proceeds from the client’s settlement in Case No. S14Y1416. It also argues that disbarment is warranted because these four matters demonstrate a pattern of misconduct.
Based on our review of the record, we conclude that disbarment is the appropriate sanction in these matters. Accordingly, it is hereby ordered that the name of Robert Anthony McDonald be removed from the rolls of persons authorized to practice law in the State of Georgia. McDonald is reminded of his duties pursuant to Bar Rule 4-219 (c).
Disbarred.
Reference
- Full Case Name
- IN THE MATTER OF ROBERT ANTHONY McDONALD (four cases)
- Status
- Published