Blame Shifting Dooms Reinstatement Petition

The Georgia Supreme Court denied reinstatement to a petitioner disbarred in 2001

In his answer to the State Bar’s specifications, Roberson admitted paying himself and his co-counsel approximately $2,333,000 from the client’s $3,325,000 cash settlement.

The court had ordered “full restitution” as a condition of reinstatement.

Adverse findings

ample evidence supported the Board’s conclusion that Roberson was not sufficiently rehabilitated to be reinstated to practice law. Although Roberson made blanket statements throughout the proceedings that he “blamed” himself for his disbarment, he failed to demonstrate that he has taken responsibility for his actions and appreciates the harm his conduct caused and why it raised fitness concerns. Roberson repeatedly mischaracterized the circumstances leading to his disbarment as an issue with co-counsel over calculating appropriate attorney’s fees without adequately addressing his own unethical and dishonest conduct and how the client and her children were harmed by his behavior. “This Court does not countenance such dishonesty and blame shifting in those who seek to practice law in the State of Georgia.” Davis, 307 Ga. at 280 (affirming the Board’s decision to deny reinstatement where the applicant showed an “inability to take responsibility for her prior misdeeds” by shifting the blame for her misconduct to her clients). See also Robbins, 295 Ga. at 67 (2) (affirming the Board’s decision to deny reinstatement where the applicant “was equivocal with respect to demonstrating a recognition of the wrongdoing that resulted in disbarment”); In re Lee, 275 Ga. 763, 764 (571 SE2d 720) (2002) (affirming the Board’s decision to deny reinstatement, concluding that the applicant “has shown no remorse for his conduct and continues to justify, minimize, or blame others,” which “does not add up to a showing of rehabilitation by clear and convincing evidence”). Moreover, although Roberson argues that any misstatements he made during the proceedings were due to a lapse in his memory, rather than a lack of candor, Roberson continued to make misleading and evasive statements in the way he characterized the events surrounding his disbarment even after the Board served him with the specifications, which detailed his past conduct and rule violations. Making such “[f]alse, misleading, or evasive answers to bar application questionnaires may be grounds for a finding of lack of requisite character and fitness.” In the Matter of Odion, 314 Ga. 427, 429 (2) (877 SE2d 182) (2022).

Restitution

The record shows that, following the legal malpractice settlement, Roberson has retained approximately $800,000 from his representation of his client. Thus, he has not satisfied our condition that he make “full restitution to the estate of all moneys he received in regard to his representation of the estate.”

(Mike Frisch)