Purported Advice No Defense

The Georgia Supreme Court disbarred an attorney who was found to have misused entrusted funds after he was discharged and failed to comply with a court order to return the funds. The court rejected the lawyer’s contention that the special master had ignored evidence that a civil malpractice case that made the same claim had been resolved in his favor. The lawyer also claimed reliance on an alleged oral opinion from the office of General Counsel. Such an opinion was properly held inadmissible “as any opinion given by the Office in such a call is the personal opinion of the issuing attorney and is neither a defense to any complaint or binding on [the disciplinary system].” The court declined to accord res judicata treatment to the civil suit because the State Bar was not a party.

In D.C., the Bar Counsel was taken out of the telephone ethics advice business many years ago to avoid the issue of “you guys told me what I did (or am doing) is kosher ” claim. A separate office gives such advice and, as here, it would not be binding on the disciplinary prosecutor.  (Mike Frisch)