In re Nicholson
In re Nicholson
Opinion of the Court
The State Bar of Georgia filed a formal complaint, charging attorney Christopher G. Nicholson (State Bar No. 543275) with violations of Rules 1.15 (I) (b), 4.1 (a), 8.4 (a) (4), and 9.3 of the Georgia Rules of Professional Conduct. See Bar Rule 4-102. As a basis for these charges, the State Bar alleged that Nicholson represented a client with respect to an automobile accident in which the client had been injured, and after the client died, Nicholson also served as a temporary administrator of his estate. On behalf of the client and the estate, Nicholson asserted claims for the injuries that the client had
Nicholson failed to file a timely answer to the formal complaint, and by his default, he admitted the facts alleged in the complaint.
At the hearing, Nicholson — who was representing himself — continued to display his contempt for the disciplinary process and the special master. Notwithstanding the clear direction of the special master about the limited purpose of the hearing, Nicholson repeatedly attempted to offer evidence and argument about the merits of the formal complaint and the circumstances of his default. When the special master attempted to give him further direction, Nicholson responded that “I don’t care what you ask me to do.” He announced that “[t]he fix is in on this case.” He accused the special master of having improper ex parte communications with State Bar counsel and various members of the judiciary. He said to the special master: “This is a Star Chamber proceeding . . . [a]nd you’re here to do a hatchet job on me.” He attempted to talk over the special master and, at one point, to cross-examine her. He repeatedly offered snide and sarcastic asides to the rulings of the special master. He was disrespectful not only to the special master, but to State Bar counsel as well. After presenting seven character witnesses in mitigation, Nicholson abruptly walked out of the hearing before its conclusion, remarking that “I don’t want to listen to [the special master] for another ten minutes,” and explaining that he had a more pressing engagement — a card game — to attend. Following his departure, the special master noted for the record that Nicholson appeared physically agitated during the hearing and spoke in an “extraordinarily disrespectful tone of voice.”
With respect to the evidence of aggravating and mitigating circumstances, the State Bar presented evidence that Nicholson still had not satisfied the judgment against him, even after the commencement of disciplinary proceedings. The State Bar also presented evidence of a prior disciplinary history, including a September 2013 Investigative Panel reprimand and a June 2014 formal letter of
Based upon his default, the special master concluded that Nicholson violated Rules 1.15 (I) (b), 4.1 (a), 8.4 (a) (4), and 9.3. The special master identified a number of aggravating circumstances, including his lack of remorse, his refusal to acknowledge the wrongful nature of his conduct, his failure to pay the judgment against him, his substantial experience in the practice of law,
The Review Panel accepted most of the findings of the special master, but it rejected her finding of mental illness as mitigation, noting that Nicholson never urged mental illness as a mitigating circumstance and that he had presented no admissible evidence of a mitigating mental illness. In the absence of that finding, the Review Panel concluded that a suspension of not less than two years was appropriate, with conditions for reinstatement similar to those proposed by the special master. This matter is now before the Court on the report and recommendation of the Review Panel.
In his brief to this Court, Nicholson offers nothing of substance. He identifies no legal error by the special master, he points to no
With all of the outrageous conduct throughout the disciplinary process, it is easy to forget what this case is about: dishonesty. As admitted by virtue of his default, Nicholson signed a false affidavit. He did so intentionally. He did so in the course of representing a client and in connection with the practice of law. And he did so to the injury of others, to whom he continues to refuse restitution, even after the entry of a judgment against him and the initiation of disciplinary proceedings. As this Court has explained, we have “little tolerance for a lawyer who lies during disciplinary proceedings or engages in conduct involving dishonesty, fraud, deceit, or misrepresentation.” In the Matter of Friedman, 270 Ga. 5, 6-7 (505 SE2d 727) (1998). Dishonesty in the practice of law and to the injury of another is a sufficient basis for disbarment. See, e.g., In the Matter of Wooten, 295 Ga. 856 (764 SE2d 551) (2014) (disbarment where attorney exhausted settlement funds in trust account for personal use and lied to clients about resolution of medical liens); In the Matter of Wright, 286 Ga. 468 (689 SE2d 822) (2010) (voluntary surrender, which is tantamount to disbarment, where attorney acting as closing attorney prepared closing documentation falsely showing that loans were secured by first lien position, but lenders were not receiving first lien position security interest). Here, there are many aggravating circumstances, and no mitigating circumstance of significant weight. Considering the nature of Nicholson’s misconduct, his prior disciplinary history, the absence of remorse, his indifference to restitution, and his repeated and contemptuous efforts to obstruct the disciplinary process, we conclude that the appropriate sanction in this case is disbarment.
We order that the name of Christopher G. Nicholson be removed from the rolls of persons authorized to practice law in the State of Georgia. Nicholson is reminded of his duties under Bar Rule 4-219 (c).
Disbarred.
Nicholson earlier failed to respond in a timely manner to the notice of investigation, which led this Court to suspend Nicholson pursuant to Bar Rule 4-204.3 (d). Nicholson filed a response only after we suspended him, and at that point, we lifted the suspension.
We appointed Jo Carol Nesset-Sale as special master in this case.
Among other things, Nicholson referred to his disciplinary proceeding as “a Star Chamber proceeding,” claimed to “know [that the] fix is in,” referred to the special master as the “High Executioner,” and accused the special master of “making up the law and rules as you go to preclude me from having a fair and impartial hearing.” Nicholson asked the special master if she had “any more homemade rules for me,” adding that “[t]his hearing should be a blast.” Nicholson variously questioned the qualifications and impartiality of the special master, alleging that the special master and State Bar counsel were “joined at [t]he hip,” accusing the special master of ruling against him without reading his filings, and writing to the special master: “U r hopeless.” In a few e-mails, Nicholson revealed his failure to appreciate the
Nicholson was admitted to practice in 1974.
Much of his brief is devoted to a lengthy explanation of his default, in which he claims that he had secured counsel to file a response to the formal complaint, hut that lawyer refused to represent him after he offended the lawyer’s administrative assistant hy his use of a racial slur.
Reference
- Full Case Name
- IN THE MATTER OF CHRISTOPHER G. NICHOLSON
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- 13 cases
- Status
- Published