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IN THE MATTER OF FINLEY6/30/1997
These disciplinary cases involve three separate proceedings against James M. Finley in which the State Bar brought formal complaints alleging multiple violations of professional standards. The violations include making false statements, employing a disbarred attorney to engage in the unauthorized practice of law, abandoning legal matters, and commingling and mismanaging client funds. In each of these cases the special master held a hearing and made findings of fact, all of which were adopted by the Review Panel, and which we are bound to uphold, there being evidence to support them. In light of the gravity of the infractions, and other aggravating factors including Finley's prior disciplinary matter, we order Finley disbarred.
1. Case No. S97Y0837
This case involves Finley's representation of a client regarding a workers' compensation claim. In its complaint the Bar alleged violations of Standards 4 (engaging in professional conduct involving dishonesty, fraud, deceit, or wilful misrepresentation); 22 (b) (withdrawal from employment without taking reasonable steps to avoid foreseeable prejudice to the client's rights); 24 (aiding a non-lawyer in the unauthorized practice of law); 44 (wilful abandonment or disregard of a legal matter); and 45 (knowingly engaging in illegal conduct or conduct contrary to a disciplinary rule) of Bar Rule 4-102 (d).
Following an injury at work, the client saw an attorney who referred the client to Finley. The client met with Finley and Oddie Richard, an attorney disbarred in 1989, working with Finley. The client
executed a fee agreement in Finley's office. Most of the client's dealings with personnel at Finley's office were with Richard, and the client believed Richard and Finley were his attorneys. No one in Finley's office ever told the client that Richard was or was not an attorney. Richard had the client execute a release of information form and instructed the client to keep appointments with his doctor, and to stay in touch with Richard. Finley sent a letter requesting the client's medical records. At some point Richard told the client he had what was needed to pursue the case and told the client to check back in a few months. Later, he told the client there was nothing that could be done for him. Finley failed to file a workers' compensation claim within the one-year statute of limitation, failed to inform the client of that statute of limitation, and did not give the client sufficient notice that he was not going to represent him so that the client could avoid losing his right to file a claim.
The review panel, while adopting the special master's findings of fact, nevertheless rejected the special master's conclusion that the State Bar had established an attorney-client relationship in this case. The special master, in finding such a relationship, noted the fact that the client's name was listed in Finley's records containing the names and addresses of clients, the numerous times the client went to see Finley, the fee agreement the client executed, Finley's request for the client's medical records, and the circumstances of the client's initial meeting with Finley. We agree with the special master's conclusion that there is ample evidence under the current "beyond a reasonable doubt" standard of Bar Rule 4-221 (e) that the client sought and received advice from Finley, and from Finley's employee Richard, in matters pertinent to Finley's profession so that an attorney-client relationship is implied. In the Matter of Weber, 266 Ga. 883, 885 (471 S.E.2d 864) (1996); In the Matter of Dowdy, 247 Ga. 488, 491 (277 S.E.2d 36) (1981).
Because of the review panel's erroneous conclusion that an attorney-client rel
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