In re Sakas
In re Sakas
Opinion of the Court
This disciplinary matter is before the Court on special master C. David Mecklin, Jr.’s report and recommendation in which he recommends that the Court accept the amended petition for voluntary discipline filed by Respondent Jeffrey L. Sakas (State Bar No. 622250) pursuant to Bar Rule 4-227 (c) after the State Bar filed a formal complaint and further recommends that the Court impose a six-month suspension for Sakas’s admitted violations of Rule 1.3 of the Georgia Rules of Professional Conduct found in Bar Rule 4-102 (d). The maximum penalty for a violation of Rule 1.3 is disbarment.
In his amended petition, Sakas, who has been a member of the bar since 1973, admits that in August 2012 a client hired him to pursue a legal malpractice case and paid him a $10,000 retainer, plus
Sakas admits that by the above actions he violated Rule 1.3 and agrees to accept discipline anywhere in the range between a Review Panel reprimand and a six-month suspension. In mitigation of discipline, he contends that after agreeing to represent the client, personal matters delayed his ability to give the case the necessary attention. Those matters included the illness and death of his father; the subsequent health problems, relocation, and ultimate death of his mother; his own health problems, which required hospitalization and surgery; and the transfer of his law practice to a new location. Although Sakas contends that he stayed in contact with his client throughout the relevant time, he admits that his client ultimately terminated his services. Sakas contends that he believed he would be able to pay the amounts due under the consent order because he was expecting to receive his share of fees due from a recently-settled case, but was thwarted when the other attorney working on the case failed to deliver Sakas his portion of the fee.
The special master accepted the above recitation of personal problems as a mitigating factor in deciding discipline, but noted in aggravation that Sakas had substantial experience in the practice of law and a prior disciplinary history as evidenced by the fact that Sakas had received two formal letters of admonition (one in December 2009 and another in February 2012) and a public reprimand on March 2,2015. See In the Matter of Sakas, 296 Ga. 690 (769 SE2d 925) (2015). Noting this Court’s suggestion that the American Bar Association’s standards for imposing lawyer sanctions are instructive in determining the appropriate sanction in disciplinary cases, see In the Matter of Morse, 266 Ga. 652, 653 (470 SE2d 232) (1996), the special
Having reviewed the entire record in this case, we conclude that in the light of Sakas’s prior disciplinary history, a six-month suspension is an appropriate sanction in this case. Therefore, we hereby accept Sakas’s petition for voluntary discipline and order that he be suspended from the practice of law for six months. Because there are no conditions on Sakas’s reinstatement other than the passage of time, there is no need for him to take any action either through the State Bar or through this Court to effectuate his return to the practice of law. Instead, the suspension based on this opinion will take effect as of the date this opinion is issued and will expire by its own terms six months later. Sakas is reminded of his duties under Bar Rule 4-219 (c).
Petition for voluntary discipline accepted. Six-month suspension.
Reference
- Full Case Name
- IN THE MATTER OF JEFFREY L. SAKAS
- Cited By
- 6 cases
- Status
- Published