Regardless of Harm

The Georgia Supreme Court accepted the voluntary license surrender of an attorney

In the petition Barnes admits that he withdrew approximately $275,000 from his law firm’s trust account for his personal use, though the funds did not belong to him. He admits he held the funds in a fiduciary capacity and the funds he took were not earned fees. Barnes asserts that he replaced the funds so no clients were harmed, but the special master noted that this is only an assertion and there is no documentation to support that assertion. The special master found that whether the funds have been replaced is not controlling, given the other admissions, and that clients are harmed even if all funds are returned or the clients have not complained to the State Bar…

The surrender is the functional equivalent of disbarment. (Mike Frisch)