Ten Days

The Georgia Supreme Court rejected a petition for voluntary reciprocal discipline of a 10-day Florida suspension because it was sought nunc pro tunc

In his petition, Allen explains that in the first disciplinary matter, the Florida Fifth District Court of Appeal observed in a published opinion that, while representing an insurance company, Allen “made argumentative and unprofessional remarks to both the insureds and their counsel” while conducting examinations under oath. In the second matter, while representing the same insurance company in a dispute over attorney fees, he made comments about the opposing party and counsel “which were not consistent with the high standards of professionalism.” In both matters, he was found to have violated Florida Rules 3-4.3 (Misconduct and Minor Misconduct),2 4-4.4 (a) (Respect for Rights of Third Persons), and 4-8.4 (d) (Misconduct). Allen observes that Florida Rule 4-4.4 (a) is analogous to GRPC 4.4 (a), but Georgia does not have a disciplinary rule equivalent to Florida Rules 3-4.3 or 4-8.4 (d).

Rejected

This Court has imposed retroactive suspensions as reciprocal discipline when the attorney made a showing that he or she stopped practicing law in Georgia while suspended in another jurisdiction, which the State Bar did not contest or dispute…

Allen failed to provide any evidence that he stopped practicing law in Georgia during his suspension in Florida. Accordingly, he has not made the necessary showing to have his suspension imposed nunc pro tunc to the dates of his Florida suspension. When this Court finds a voluntary petition for discipline deficient, our practice is to reject the petition.

(Mike Frisch)