Take It To The Bank

The Georgia Supreme Court has disbarred an attorney who had defaulted on charges brought by the State Bar

The facts, as deemed admitted by virtue of Herbert’s default, are as follows. The 11 grievants, or their associated LLCs, are overseas investors in real property located in the U.S. The grievants desired to have the proceeds of their investments and other deposits held in the U.S. banking system and Herbert offered to receive, hold, and disburse these funds. Herbert stopped responding to requests for information and accountings from the grievants beginning around November 2022, at which point each of the grievants had outstanding balances with Herbert. The grievants collectively reported losses of approximately $850,000 in funds that had been entrusted to Herbert and were converted to his use.

Sanction

Having reviewed the record, we conclude that disbarment is the appropriate sanction in this matter and is consistent with similar cases in which a lawyer abandons clients, violates the rules related to trust accounts, and defaults during the disciplinary process.

(Mike Frisch)