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In re Harris

Supreme Court of Georgia
Jun 5, 2017
801 S.E.2d 39 (Ga. 2017)

Summary

accepting special master’s recommendation and disbarring attorney for violating Rules 1.15 and 1.15; attorney in default on formal complaint

Summary of this case from In re Crowther

Opinion

S17Y1372

06-05-2017

In the MATTER OF Jeffrey W. HARRIS.

Andreea N. Morrison, Assistant General Counsel, Paula J. Frederick, General Counsel, Jenny K. Mittelman, State Bar of Georgia, 104 Marietta Street, N.W., Suite 100, Atlanta, Georgia 30303-2934, for Appellant. Jeffrey W. Harris, 43 25th Street, NW, Apt. 15, Atlanta, Georgia 30309, for Appellee. Bryan M. Cavan, Miller & Martin PLLC, 1170 Peachtree Street, N.E., Suite 800, Atlanta, Georgia 30309-7706, Catherine Koura, 135 Habersham Valley Road, Atlanta, Georgia 30305, Anthony B. Askew, Chair, Review Panel, 999 Peachtree Street, Suite 1300, Atlanta, Georgia 30309, for Other Party.


Andreea N. Morrison, Assistant General Counsel, Paula J. Frederick, General Counsel, Jenny K. Mittelman, State Bar of Georgia, 104 Marietta Street, N.W., Suite 100, Atlanta, Georgia 30303-2934, for Appellant.

Jeffrey W. Harris, 43 25th Street, NW, Apt. 15, Atlanta, Georgia 30309, for Appellee.

Bryan M. Cavan, Miller & Martin PLLC, 1170 Peachtree Street, N.E., Suite 800, Atlanta, Georgia 30309-7706, Catherine Koura, 135 Habersham Valley Road, Atlanta, Georgia 30305, Anthony B. Askew, Chair, Review Panel, 999 Peachtree Street, Suite 1300, Atlanta, Georgia 30309, for Other Party.

PER CURIAM.

This disciplinary matter is before the Court on the Report and Recommendation of Special Master Catherine Koura, who recommends disbarring Respondent Jeffrey W. Harris (State Bar No. 330325) for his violations of Rules 1.15 (I) and (II). Neither Harris nor the Bar sought review from the Review Panel and neither has filed exceptions to the Report and Recommendation. This matter is now ripe for review.

The State Bar initiated this matter by filing a formal complaint. Despite acknowledging receipt of the formal complaint, Harris, who has been a member of the Bar since 1985, failed to file an answer and therefore the special master found Harris to be in default under Bar Rule 4-212 (a). As a result of his default, Harris was deemed to have admitted the following facts and violations: in the course of his real estate practice, Harris received and administered funds regarding the sale of real estate. In January and February 2015, a bank notified the State Bar that Harris had issued nineteen (19) checks from his attorney trust account at a time when the account held insufficient funds to pay the checks. During that same time frame, Harris deposited $12,500 of his personal funds to cure the deficiencies in his trust account, but he made duplicate withdrawals of attorney fees and did not maintain an adequate accounting of his trust account. In short, Harris misappropriated trust funds and commingled those funds with his own thereby violating both Rules 1.15 (I) and 1.15 (II), violations of which may be punished by disbarment.

As is appropriate, the special master looked to the ABA Standards for Imposing Lawyer Sanctions for guidance in determining the appropriate sanction, see In the Matter of Morse , 266 Ga. 652, 470 S.E.2d 232 (1996), and found in mitigation that Harris had no prior disciplinary history. See ABA Standard 9.32 (a). In aggravation, the special master found that Harris acted knowingly and caused injury or potential injury to his client, see ABA Standard 4.11 (a), and that he had substantial experience in the practice of law. See ABA Standard 9.22 (I). Noting that Harris ignored the gravity of these disciplinary proceedings by his failure to respond, the special master concluded that Harris should be disbarred based on the violations he is deemed to have admitted. See In the Matter of Rose , 299 Ga. 665, 791 S.E.2d 1 (2016) (disbarred for admitted violations of Rules 1.15 and 8.4 despite lack of prior disciplinary history where attorney offered no mitigating explanation of his conduct); In the Matter of Wathen , 290 Ga. 438, 721 S.E.2d 899 (2012) (disbarred for violations of several Rules, including Rules 1.15 (I) and (II), where attorney converted client funds to his own use and showed indifference to making restitution, although attorney's partners made restitution to client); In the Matter of Goldberg , 281 Ga. 168, 635 S.E.2d 750 (2006) (disbarred for admitted violations of Rule 1.15 (I) and (II) where attorney, who had prior disciplinary history, failed to respond to formal complaint alleging a pattern of misconduct and multiple offenses).

We have reviewed the record and agree that disbarment is the appropriate punishment in this case for the reasons stated by the special master, particularly in light of the fact that Harris offered no mitigating explanation of his behavior. Accordingly, it hereby is ordered that the name of Jeffrey W. Harris be removed from the rolls of attorneys licensed to practice law in the State of Georgia. He is reminded of his duties under Bar Rule 4-219 (c).

Disbarred.

All the Justices concur.


Summaries of

In re Harris

Supreme Court of Georgia
Jun 5, 2017
801 S.E.2d 39 (Ga. 2017)

accepting special master’s recommendation and disbarring attorney for violating Rules 1.15 and 1.15; attorney in default on formal complaint

Summary of this case from In re Crowther

disbarring attorney and noting that he ignored the gravity of the proceedings by his failure to respond

Summary of this case from U.S. v. Rhodes (In re Adams)

disbarring attorney for violating GRPC Rules 1.15 and 1.15 by "misappropriat[ing] trust funds and commingl[ing] those funds with his own," even though attorney deposited $12,500 of his personal funds to cure deficiencies in his trust account

Summary of this case from In re Davis

disbarring attorney for violations of Rules 1.15 and 1.15 despite lack of prior disciplinary history when attorney was in default and offered no mitigating circumstances relating to his conduct

Summary of this case from In re Jackson

disbarring attorney who misappropriated funds from trust account, mingled those funds with his own, and failed to respond to disciplinary authorities

Summary of this case from In re Arrington

disbarring attorney for violating Rules 1.15 and 1.15, where attorney misappropriated trust funds and commingled those funds with his own and offered no explanation for his conduct and no mitigation beyond the lack of a prior disciplinary history

Summary of this case from In re Hine

disbarring attorney for violating Rules 1.15 and 1.15, where attorney misappropriated trust funds and commingled those funds with his own and offered no explanation for his conduct

Summary of this case from In re Sicay-Perrow

disbarring lawyer who issued insufficient funds checks from trust account and commingled personal funds with trust account funds

Summary of this case from In re Doeve

accepting recommendation of Special Master of disbarment where lawyer who had no prior disciplinary history misappropriated trust funds and comingled those funds with his own

Summary of this case from In re Coulter
Case details for

In re Harris

Case Details

Full title:IN THE MATTER OF JEFFREY W. HARRIS.

Court:Supreme Court of Georgia

Date published: Jun 5, 2017

Citations

801 S.E.2d 39 (Ga. 2017)

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U.S. v. Rhodes (In re Adams)

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