In re Briley-Holmes

815 S.E.2d 59
CourtSupreme Court of Georgia
DecidedJune 4, 2018
DocketS18Y0717
StatusPublished
Cited by10 cases

This text of 815 S.E.2d 59 (In re Briley-Holmes) 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 Briley-Holmes, 815 S.E.2d 59 (Ga. 2018).

Opinion

PER CURIAM.

This Court rejected the first petition for voluntary discipline of Shannon Briley-Holmes (State Bar No. 447679), which sought a one-year suspension with conditions on reinstatement for her admitted violations of the disciplinary rules in representing seven clients. See In the Matter of Briley-Holmes, 300 Ga. 648, 797 S.E.2d 123 (2017). The State Bar then issued a formal complaint, and she filed a second petition for voluntary discipline, which she later amended. In her amended second petition, she admitted violating the disciplinary rules in representing 11 clients in unrelated matters over a period of almost three years. She requested a suspension ranging from two to five years with conditions on reinstatement but said that she would accept a more severe sanction. Special Master Margaret Gettle Washburn held a lengthy hearing, at which it was made clear that Briley-Holmes would accept disbarment as a sanction for her misconduct.

In a 68-page report and recommendation, the special master recommends that we accept the amended second petition and impose a five-year suspension with conditions on reinstatement, and neither the State Bar nor Briley-Holmes filed exceptions to the special *60master's report. However, as explained below, the appropriate sanction for Briley-Holmes's misconduct is disbarment. Because the record indicates that she is willing to accept disbarment, and because "[a] voluntary surrender of license is tantamount to disbarment," Bar Rule 4-110 (f), we construe her amended second petition as a petition for voluntary surrender of license, which we accept.

As recounted by the special master, Briley-Holmes has admitted the following facts. In approximately June 2013, Briley-Holmes agreed to represent the first client pro bono in a civil service appeal challenging his dismissal from the Atlanta Police Department. After losing that appeal, Briley-Holmes agreed to pursue the next step by filing a petition for certiorari in the Superior Court. However, she miscalendared the filing deadline, the petition was filed late, and the Superior Court dismissed the petition with prejudice. The client then paid Briley-Holmes $2,000 to pursue an appeal to this Court. She filed a notice of appeal and began work on the matter, but the representation ended before anything else was filed. Meanwhile, the client's POST certification was revoked. Briley-Holmes agreed to represent him in an attempt to restore the certification for $750 plus filing fees. The client paid her approximately $600, and she filed the paperwork necessary to obtain a hearing, including a $150 filing fee. She declined the client's request to accept payment of the balance owed on the certification case from the $2,000 that the client had paid her to handle the appeal in the civil service case. Briley-Holmes missed a hearing in the certification case, resulting in the dismissal of that case. The special master concluded that Briley-Holmes violated Georgia Rule of Professional Conduct 1.3 by failing to timely file the petition for certiorari in the civil service case, which resulted in the dismissal of the petition, and by missing the scheduled hearing in the certification case, which resulted in the dismissal of that case.1

In March 2014, the second client hired Briley-Holmes to represent him in a child custody case. She initially communicated with the client, but after the client hired an investigator at her request, she failed to respond to the client's communications about this development. For a period of two months, Briley-Holmes failed to respond to more than one email, text, or telephone call from the client about the case. She eventually emailed the client to let him know that the complaint was overnighted to a process service company in Florida, but she did not follow through with the case, and it was later dismissed. The special master concluded that Briley-Holmes violated Rule 1.3 by failing to follow through with the case, which caused it to be dismissed, and violated Rule 1.4 by failing to respond in a timely manner to the client's communications about the case.2

In July 2014, Briley-Holmes represented the third client in divorce proceedings. Under the final judgment and decree of divorce, Briley-Holmes was to complete a qualified domestic relations order (QDRO) for the ex-husband's 401 (k) account to be awarded to the client within 60 days. Briley-Holmes did not know how to prepare a QDRO and got assistance from opposing counsel. Briley-Holmes drafted a QDRO but did not timely forward it to her client or to opposing counsel. She then failed to respond to her client's emails for two years because she does not check the email address that the client was using. The special master concluded that Briley-Holmes violated Rule 1.3 by not submitting the completed QDRO to opposing counsel and violated Rule 1.4 by failing to respond in a timely manner to the client's emails about the case.

*61In June 2015, the family of the fourth client hired Briley-Holmes and her law partner, Jennifer Wright, to represent the client in a criminal case.3 Briley-Holmes promptly visited the client in prison in South Carolina for several hours and then filed an entry of appearance and preliminary motions. She never visited the client again and had great difficulty communicating with his family because they did not speak English. Briley-Holmes appeared at the first calendar call of the case. Wright was supposed to attend the second calendar call but failed to do so and did not inform Briley-Holmes or the court in advance. Briley-Holmes immediately notified the judge that she was sick on that day and unaware that Wright was not going to attend the calendar call. Neither Briley-Holmes nor Wright appeared at the next two calendar calls. During that time, Wright allegedly had begun acting in an irrational and destructive manner, doing such things as cutting off Briley-Holmes's cell phone on the law firm's business plan and terminating Briley-Holmes's access to the firm's online case management database. Neither Briley-Holmes nor Wright attended the fifth court date in the case, and the client's family terminated the representation. The special master concluded that Briley-Holmes violated Rule 1.3 by failing to attend scheduled court appearances and by failing to ensure that all necessary actions in the case were taken.

Also in June 2015, the fifth client hired Briley-Holmes to represent him in a criminal case in certain pre-warrant matters and to appear at a pre-warrant hearing, although Briley-Holmes later discovered that there was no such hearing because an assigned detective had taken over the case. Briley-Holmes advised the client of his Fifth Amendment right to remain silent and asked him not to make any statements to law enforcement without her being present. She tried to contact the assigned detective to set up an interview but did not reach him, and she understands that the detective tried to reach her as well, although she has no recollection of that fact. Briley-Holmes did not follow through and arrange an interview, which eventually resulted in the client's arrest.

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Bluebook (online)
815 S.E.2d 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-briley-holmes-ga-2018.