In re Benton

Supreme Court of Georgia

In re Benton

463 S.E.2d 129, 265 Ga. 832, 95 Fulton County D. Rep. 3438, 1995 Ga. LEXIS 884

CourtSupreme Court of Georgia

DecidedNovember 6, 1995

DocketS95Y1224

StatusPublished

This text of 463 S.E.2d 129 (In re Benton) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Benton, 463 S.E.2d 129, 265 Ga. 832, 95 Fulton County D. Rep. 3438, 1995 Ga. LEXIS 884 (Ga. 1995).

Pincite

Opinion

Per curiam.

After a grievance was filed with the State Bar of Georgia by the Investigative Panel of the State Disciplinary Board, J. Robert Benton filed a petition for voluntary surrender of his license to practice law in the State of Georgia. The grievance stated that Benton, in his “failure [833]*833to account for funds held in a fiduciary capacity,” may have violated Standards 4 (engaging in professional conduct involving misrepresentation) and 65 (failing to account for money held in a fiduciary capacity).

Decided November 6, 1995. William P. Smith III, General Counsel State Bar, E. Duane Cooper, Assistant General Counsel State Bar, for State Bar of Georgia.

Benton admitted conduct in violation of Standard 4 of Bar Rule 4-102 (d) by issuing letters as an attorney on his law firm stationery in which he stated that an investment arbitrage program known as the “Savage Program” was a legal enterprise. He admitted that the program was subsequently determined to be a fraudulent investment scheme and that by issuing the letters he engaged in professional conduct that resulted in misrepresentation.

The State Bar does not object to the voluntary surrender of Benton’s license, and the review panel has recommended that the petition be granted.

Having reviewed the record, we adopt the recommendation of the review panel and accept Benton’s petition for voluntary surrender of his license to practice law in the State of Georgia. A voluntary surrender is tantamount to disbarment, and Benton is reminded to take all steps necessary to protect his clients and to comply fully with State Bar Rule 4-219 (c).

Voluntary surrender of license accepted.

All the Justices concur.

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Per curiam.

After a grievance was filed with the State Bar of Georgia by the Investigative Panel of the State Disciplinary Board, J. Robert Benton filed a petition for voluntary surrender of his license to practice law in the State of Georgia. The grievance stated that Benton, in his “failure [833]*833to account for funds held in a fiduciary capacity,” may have violated Standards 4 (engaging in professional conduct involving misrepresentation) and 65 (failing to account for money held in a fiduciary capacity).

Decided November 6, 1995. William P. Smith III, General Counsel State Bar, E. Duane Cooper, Assistant General Counsel State Bar, for State Bar of Georgia.

Benton admitted conduct in violation of Standard 4 of Bar Rule 4-102 (d) by issuing letters as an attorney on his law firm stationery in which he stated that an investment arbitrage program known as the “Savage Program” was a legal enterprise. He admitted that the program was subsequently determined to be a fraudulent investment scheme and that by issuing the letters he engaged in professional conduct that resulted in misrepresentation.

The State Bar does not object to the voluntary surrender of Benton’s license, and the review panel has recommended that the petition be granted.

Having reviewed the record, we adopt the recommendation of the review panel and accept Benton’s petition for voluntary surrender of his license to practice law in the State of Georgia. A voluntary surrender is tantamount to disbarment, and Benton is reminded to take all steps necessary to protect his clients and to comply fully with State Bar Rule 4-219 (c).

Voluntary surrender of license accepted.

All the Justices concur.

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Bluebook (online)

463 S.E.2d 129, 265 Ga. 832, 95 Fulton County D. Rep. 3438, 1995 Ga. LEXIS 884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-benton-ga-1995.