Voluntary Discipline Petition Rejected

The Georgia Supreme Court rejected a petition for voluntary discipline that was supported by the State Bar

in each of the cases Kirby neglected his clients’ matters, failed to communicate with his clients, and/or failed to fulfill his obligations upon withdrawal. Although the State Bar does not oppose the petition, we find that the requested sanction is insufficient in the light of the pattern of misconduct, the multiple clients harmed, and the lack of any assurance that the issues that led to Kirby’s misconduct have been resolved. Therefore, we reject the petition.

The attorney was admitted in 2008. He had initially defaulted in three client complaint matters.

Mitigation was insufficient

With his petition for voluntary discipline, Kirby submitted under seal the March 2018 report of a psychologist who performed the evaluation and found Kirby to be fit to practice law. Generally speaking, the psychologist’s report discusses Kirby’s statements regarding particular stress he was under, including the 2012 death of his father, an attorney with whom he shared office space, and the 2016 death of his mother. The psychologist noted various challenges Kirby faced in managing his practice and his stress. The psychologist made specific mental health recommendations but also expressed a concern about whether Kirby would follow through with his stated plans for personal and professional improvement. Kirby’s petition for voluntary discipline provides no indication that he is following the psychologist’s recommendations.

And

Particularly when multiple clients are involved, suspension is often the appropriate sanction for an attorney’s neglect of client matters.

(Mike Frisch)