Restitution, Other Issues, Preclude Voluntary Discipline

The Georgia Supreme Court has rejected a petition for voluntary discipline of a six-month suspension

Accordingly, for Tyson, we conclude that a six-month suspension is insufficient — even if he made full restitution. But he has not even shown that he has done that. Rather, Tyson has provided little detail on restitution. There has been no affirmative showing of restitution having been completely paid. Tyson merely attaches two checks from 2023 equaling an amount less than the $6,300 at issue, and neither he nor the State Bar provides any detail or response from the client or the chiropractor on whether these checks constitute full restitution for Tyson’s 2020 conduct.

Further, the petition does not fully consider Tyson’s disciplinary history. According to the State Bar, in 2013, Tyson received an Investigative Panel Reprimand for his violations of Rules 1.1 (lawyer shall provide competent representation to a client) and 1.16 (d) (upon termination of representation, lawyer shall take steps to the extent reasonably practicable to protect client’s interests). The State Bar contends that the 2013 sanction was “remote” and “for unrelated conduct,” but our precedents approving six-month suspensions typically do not involve attorneys with such disciplinary history.

Misconduct at issue

Tyson admits that he represented a client in a personal injury matter arising out of a vehicle accident in December 2018 and that he settled the client’s case in November 2020 for $6,300. Upon receiving the settlement check, Tyson deposited the check into his IOLTA account. Tyson notified the client of the receipt of funds, but he did not notify a chiropractor from whom the client sought treatment and who had an interest in any settlement funds resulting from the case. Tyson paid an ERISA lien for medical benefits on behalf of the client but did not promptly disburse the settlement funds owed to the client or the chiropractor, did not maintain sufficient funds in his IOLTA account, and used those funds for personal expenses. Tyson, who was admitted to practice law in 1996, claims in an affidavit that he eventually stopped practicing in June 2021, at which time he relocated to Louisiana. Since July 2022, Tyson has been administratively suspended from the State Bar of Georgia for failing to pay his license fees.

(Mike Frisch)