In re Sakas
In re Sakas
Opinion of the Court
*735These disciplinary matters are before the Court on the reports of the special master, Paul T. Carroll III, who recommends that Respondent Jeffrey L. Sakas (State Bar No. 622250) be disbarred as a result of six State Disciplinary Board matters, which have been pursued in three separate formal complaints. We note that this is the third time in recent years that this Court has been required to address disciplinary violations by Sakas, who has been a member of the Bar since 1973. See In the Matter of Sakas ,
As deemed admitted, the facts show that in multiple matters Sakas purported to represent clients while he was suspended from the practice of law due to a prior disciplinary violation. See Sakas II ,
In another matter, Sakas was hired to assist a couple in their efforts to recover an overpayment on their mortgage, but after Sakas failed to take any action on their behalf, they terminated the representation and demanded a refund. When Sakas failed to return their retainer, they filed a petition for fee arbitration. While suspended from the practice of law, Sakas answered the arbitration petition with a letter in which he identified himself as an attorney and made numerous false statements about the type and amount of work he had performed for these clients. Sakas retracted some of those misrepresentations at the fee arbitration hearing, but he still failed to document any work he had actually performed on the clients' behalf, and was ordered to refund the entire retainer.
In the final matter, a client hired Sakas to handle the appeal of an eviction order obtained by the client's mortgage lender. Although Sakas filed the appeal, he failed to respond to a dispositive motion and advised his client to ignore the court's order that the client pay his mortgage payments into the court's registry. As a result, the court granted the lender's motion for summary judgment and issued it a writ of possession. Sakas later filed a separate complaint in an attempt to stave off the eviction, but his request for injunctive relief was denied and his failure to respond to a motion to dismiss resulted in dismissal of the suit. When this *736client later requested the return of his file, Sakas failed to do so, making excuses that the special master determined not to be credible based on Sakas's consistent failure to respond to the State Bar in the matter.
Based on these admitted facts, the special master found that Sakas had violated Rules 1.1, 1.2, 1.3, 1.4, 1.5, 1.15 (I), 1.15 (II), 1.16 (d), 3.1, 3.3, 4.1, 5.5, and 8.4 (a) (4) of the Georgia Rules of Professional Conduct. See Bar Rule 4-102 (d). The maximum sanction for a single violation of Rules 1.1, 1.2, 1.3, 1.15 (I), 1.15 (II) (a) or (b), 3.3, 4.1, 5.5, or 8.4 (a) (4) is disbarment, while the maximum sanction for a single violation of Rules 1.4, 1.5, 1.15 (II) (c), 1.16 (d), or 3.1 is a public reprimand. Noting that these disciplinary matters also invoked Bar Rule 4-103 - as Sakas had also received two formal letters of admonition in addition to the discipline imposed in Sakas I and Sakas II - the special master looked to the ABA Standards for Imposing Discipline and found that disbarment was the presumptive sanction given that Sakas had attempted to practice law while suspended, converted unearned fees, engaged in a pattern of neglect of client matters, shown a lack of candor with clients and others for purposes of his own financial gain at the expense of his client, violated Rule 1.3 despite previously having been suspended for a violation of the same rule, and counseled a client to violate a court order. The special master identified no mitigating factors,
We have reviewed the record in these matters and agree that disbarment is the appropriate sanction, particularly given the number of violations, Sakas's prior disciplinary history, and his failure to engage honestly in the disciplinary process. See In the Matter of Raulin ,
Disbarred.
All the Justices concur.
The special master who handled the matters disposed of in Sakas II accepted as mitigating factors various personal issues, including Sakas's health problems, the deaths of his parents, and an office move. See
Formerly Bar Rule 4-219 (c).
Reference
- Full Case Name
- In the MATTER OF Jeffrey L. SAKAS (three cases).
- Cited By
- 1 case
- Status
- Published