Disbarment Warrented

An attorney retained to find out if there were arrest warrants against his client incorrectly assured her that there were none.

After her arrest, he failed to communicate with her and respond to the ensuing bar complaint.

Disbarment was imposed by the Georgia Supreme Court

Davis was retained to represent a client in a criminal matter in early November 2018. The client paid Davis a retainer and informed him of her concern that warrants had been issued for her arrest. She asked Davis to investigate the warrants and to arrange for her to turn herself in, if necessary, so that she would not be considered a fugitive or a flight risk. Davis failed to conduct an appropriate investigation into whether warrants existed but falsely told the client that there were no warrants. Although the client continued to make payments to Davis, some of which he characterized as retainer payments, he failed to respond to many of her inquiries; failed to appear on her behalf at a hearing; failed to respond to her questions about how the payments she had made had been earned; and repeatedly told her that no warrants had been issued. The client was arrested on December 24, 2018 on warrants that had been issued prior to her hiring Davis. Following the client’s arrest, the client and her family attempted to contact Davis, but he failed to respond to their calls and failed to contact or visit Davis. The client remained incarcerated for about seven weeks, and her failure to turn herself in despite having knowledge of the arrest warrants was cited by the prosecution as a reason for not allowing her to be released. With the assistance of another attorney, the client was finally able to be
released but suffered significant harm as a result of her incarceration.

After her release from jail, the client sent Davis a letter by certified mail, requesting that he detail what he did to earn the money she paid him and to whom he had spoken about the warrants, and requesting a refund. Davis did not respond to the letter, nor did he respond to the grievance the client filed with the State Bar.

(Mike Frisch)