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NEAL v. HOLLINGSWORTH6/24/1999
e gravity and seriousness of his misconduct. The evidence in this case demonstrates a pattern of misconduct over the course of several years in which Mr. Hollingsworth misappropriated his client's funds and concealed his wrongdoing from the client and the court. This type of misconduct can only be characterized as serious, substantial, and egregious. Under these circumstances, we hold that the trial court clearly erred when it imposed a mere six-month suspension from the practice of law. The only appropriate sanction commensurate with Mr. Hollingsworth's actions is disbarment. The misconduct in Weems v. Supreme Court Committee on Professional Conduct, 257 Ark. 673, 523 S.W.2d 900 (1975), which involved less than $12,000.00 and lasted less than one year, certainly pales in comparison to the long-term pattern of misconduct here.
Other jurisdictions have also held that the intentional misappropriation of a client's funds and the misrepresentation of that fact to the client warrants disbarment. See, e.g., People v. Torpey, 966 P.2d 1040 (Col. 1998); In the Matter of Barlow, 140 A.2d 1197 (N.J. 1995); In Matter of Wilson, 409 A.2d 1153 (N.J. 1979); In the Matter of Lake, 236 S.E.2d 812 (S.C. 1977); In the Matter of Nicholas Addams, 579 A.2d 190 (D.C. Ct. App. 1990).
We conclude that Mr. Perlesta A. Hollingsworth should be, and hereby is, disbarred from the practice of law in the
State of Arkansas. Accordingly, we reverse and remand for entry of judgment consistent with this opinion.
II. Whether The Trial Court Erred When It Dismissed The Added Charge Against Mr. Hollingsworth
For his second point on appeal, Mr. Neal asserts that the trial court erred when it dismissed the allegation concerning Mr. Hollingsworth's failure to disclose his relationship with an attorney who had been appointed guardian ad litem for the minor child in a divorce proceeding in which he was representing the child's father, Mr. Ted Skokos. In view of our holding that the only appropriate sanction commensurate with Mr. Hollingsworth's actions is disbarment, we need not address Mr. Neal's second point on appeal.
Reversed and remanded.
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