In re Dorer

819 S.E.2d 7, 304 Ga. 442
CourtSupreme Court of Georgia
DecidedSeptember 10, 2018
DocketS18Y0666
StatusPublished
Cited by4 cases

This text of 819 S.E.2d 7 (In re Dorer) 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 Dorer, 819 S.E.2d 7, 304 Ga. 442 (Ga. 2018).

Opinion

PER CURIAM.

**442This disciplinary matter is before the Court on the petition for voluntary discipline filed by Respondent David Thomas Dorer (State Bar No. 934408) prior to the filing of a *8formal complaint. In his petition, Dorer, who has been a member of the Bar since 2012, seeks a Review Panel reprimand for his admitted violation of Rule 8.4 (a) (4), the maximum penalty for which is disbarment. The State Bar has responded, recommending that this Court accept the petition.

In his petition, Dorer states that in November 2014, a client hired him to represent her husband in a state forfeiture matter. In order to meet the statutory deadlines, Dorer states that he prepared a verified answer to which he signed the client's name, indicating that he had express permission to do so. Dorer had the signature notarized by his assistant and filed the document in court in response to the forfeiture petition. Dorer further states that he met with his client and, based on the conversation, did not substitute a verified answer containing the actual signature of his client. According to the response filed by the State Bar of Georgia, a Houston County grand jury indicted Dorer, as well as his assistant, under OCGA § 16-10-20 (making it a felony to file false statements and writings with any state or local government agency) and OCGA § 16-10-20.1 (making it a felony to file false documents in a court of this state).1 Dorer entered a negotiated plea to the charges and pleaded guilty to the misdemeanor offense of violating OCGA § 45-17-8 (e) : "In performing any notarial act, a notary public shall confirm the identity of the document signer, oath taker, or affirmant based on personal knowledge or on satisfactory evidence."2 Dorer later filed this petition for voluntary discipline.

Dorer contends that his actions did not violate Rule 8.4 (a) (3)3 because, in his view, his misdemeanor conviction did not involve a crime of moral turpitude. What Dorer expressly admitted in his guilty **443plea is that he failed to confirm the identity of the party signing the verified answer in the forfeiture matter. Dorer did not himself notarize the document and he asserts in his petition that his actions violated Rule 8.4 (a) (4).4

Dorer asserts that his proposed discipline is in line with this Court's precedent. See In the Matter of Davis , 291 Ga. 169, 728 S.E.2d 548 (2012) (Review Panel reprimand for two violations of Rule 8.4 (a) (4) arising from attorney's action of falsifying client's signature on court documents and having those signatures notarized); In the Matter of West , 301 Ga. 901, 804 S.E.2d 340 (2017) (Review Panel reprimand an appropriate sanction for violations arising out of attorney's having signed his client's name to an application for asylum without any intent to deceive or falsify).5 In mitigation of discipline, Dorer asserts that he has no prior disciplinary history; that he has cooperated in this disciplinary proceeding; that he is remorseful; and that he otherwise has good character and reputation in the legal community, but he includes no attestations to his character or reputation.

In its response, the Bar agrees that it is best to consider this case solely as a violation of Rule 8.4 (a) (4)6 but contends that the mitigating factors should include only that Dorer has no prior disciplinary history; that he has displayed a cooperative attitude; and that he is inexperienced in the practice of law. The Bar contends that under the circumstances of this case, a Review Panel Reprimand is appropriate. See Davis , supra ;

*9West , supra ; In the Matter of Swain , 290 Ga. 678, 725 S.E.2d 244 (2012) (public reprimand for notarizing a signature outside the presence of the signer). But while the conclusions that Dorer violated Rule 8.4 (a) (4) and that a Review Panel reprimand is appropriate may ultimately, in fact, be sound ones, they cannot be drawn reasonably from the sparse admissions contained in the petition.

By definition, a violation of Rule 8.4 (a) (4) involves "dishonesty, fraud, deceit or misrepresentation." To conclude, therefore, that the petition shows a violation of Rule 8.4 (a) (4), the petition must admit facts that would establish dishonesty, fraud, deceit, or misrepresentation.

**444We find no such admission in the petition. According to the petition, Dorer signed a verification for his client and had his assistant notarize the verification. If the signature purported to have been affixed by the client himself, that certainly could amount to deceit or a misrepresentation. The signature, however, did not purport to have been affixed by the client. To the contrary, the signature was followed immediately by the notation "WEP DD," which any reasonable lawyer would understand to be a disclosure that the signature was affixed by "DD"-presumably Dorer-with the express permission of his client. When a lawyer signs a document for a client, with the express permission of the client and disclosing to those to whom the document is directed that the signature was affixed by the lawyer for the client, the lawyer has committed no ethical violation. To the contrary, that is something lawyers routinely do.

Perhaps the deceit and misrepresentation was not the signature itself, but instead, the representation that Dorer had permission to affix the signature to the verification. But no admission in the petition supports such a conclusion. Indeed, the petition is silent about whether Dorer had permission to sign the verification. Dorer does admit in the petition that he entered a plea of guilty to a criminal violation of OCGA § 45-17-8 (e), which requires the notary to confirm the identity of the document signer, oath taker, or affirmant.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Matter of Andrea Jo Anne David-Vega
899 S.E.2d 126 (Supreme Court of Georgia, 2024)
In the Matter of Phillip Norman Golub
306 Ga. 620 (Supreme Court of Georgia, 2019)
In the Matter of Melody Yvonne Cherry
304 Ga. 836 (Supreme Court of Georgia, 2019)
In the Matter of David Thomas Dorer
304 Ga. 442 (Supreme Court of Georgia, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
819 S.E.2d 7, 304 Ga. 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dorer-ga-2018.