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In re Green11/21/2005
e Investigative Panel found probable cause to believe that in September 2004 a client retained Green to represent her in a divorce, paying Green $399; that, although Green did not file anything on the client's behalf, he told her that he had filed the divorce papers and that the divorce had not yet been finalized because the judge was behind; that Green failed to communicate with the client about her case; that Green thus abandoned this legal matter without just cause and to the client's detriment; and that Green failed to respond to the Notice of Investigation even though he was personally served with it. Based on those facts, the State Bar asserts that Green violated Rules 1.3, 1.4, 3.2, 8.4 and 9.3 of Bar Rule 4-102 (d).
Finally, in Case No. S05Y1847, the Investigative Panel found probable cause to believe that in or about September 2004 a client retained Green to represent him in a divorce , paying Green $1,200; that Green told the client that his divorce would be finalized on January10, 2005 and that he would be in touch if anything changed; that Green never took any action on the client's case and failed to communicate with the client about his case; that Green thus abandoned this legal matter without just cause and to the client's detriment; and that Green failed to respond to the Notice of Investigation even though he was personally served with it. Based on those facts, the State Bar asserts that Green violated Rules 1.3, 1.4, 1.16, 8.4 and 9.3 of Bar Rule 4-102 (d).
The Investigative Panel properly served Green with Notices of Discipline recommending that he be disbarred and, as Green has failed to reject those Notices pursuant to Bar Rule 4-208.1 (b), these matters are now ripe for review by this Court. We have reviewed the files in each of these matters and find that with the exception of the alleged violations of Rule 8.4 in Case Nos. S05Y1841, S05Y1844, S05Y1845; Rule 1.16 in Case Nos. S05Y1844, S05Y1845, and S05Y1847; Rule 3.2 in Case Nos. S05Y1841, S05Y1844, S05Y1845 and S05Y1846 and Rule 1.2 in Case No. S05Y1845, the records support the conclusions that Green committed the violations as alleged by the State Bar. In aggravation of punishment, we find that Green has a prior disciplinary history, see In the Matter of Green, 279 Ga. 309 (612 SE2d 794) (2005) (imposing a 90-day suspension as reciprocal discipline) and we note that the fact that multiple disciplinary matters are being pursued against Green simultaneously evidences a pattern and practice of wrongful behavior on Green's part. Thus, we believe that the circumstances of these cases warrant disbarrment. Accordingly, we hereby order that Spurgeon Green III be disbarred and that his name be removed from the rolls of persons entitled to practice law in the State of Georgia. Green is reminded of his duties under Bar Rule 4-219 (c).
Disbarred. All the Justices concur.
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