Default In Our Stars

The Georgia Supreme Court agreed with a special master that an attorney had failed to show a basis to vacate a default and ordered the attorney disbarred for her mishandling of a personal injury matter

Starling faxed a Motion for Extension of Time to File Answer to the special master, but she did not file it with the Clerk of the State Disciplinary Board or serve it on Bar counsel. The special master found that the motion, which was not supported by a brief, does not set forth a legally sufficient explanation for Starling’s failure to file a timely answer. Although she mentioned health problems, she did not provide any documentation in support…

Because Starling’s client suffered the loss of her claim due to Starling’s failure to take action to meet or preserve the statute of limitations, and lost any opportunity for reimbursement of her medical expenses due to Starling’s failure to convey the insurer’s offer, the special master deemed her a danger to the public and recommended in his September 8, 2014 report that she be disbarred.

As to sanction

The special master concluded that Starling displayed a consistent inability or unwillingness to comply with the disciplinary rules and the Georgia Civil Practice Act, and that her failure to do so when her own license to practice law is at issue reflects an inability to competently represent others and mirrors her complete lack of diligence to her client’s great detriment in this matter. For those reasons, the special master denied the motion for extension and request to open default, and affirmed the recommendation in his report that Starling be disbarred.

(Mike Frisch)