In Re McElroy

Supreme Court of Georgia

In Re McElroy

637 S.E.2d 705, 281 Ga. 317, 2006 Fulton County D. Rep. 3564, 2006 Ga. LEXIS 982

CourtSupreme Court of Georgia

DecidedNovember 20, 2006

DocketS07Y0204

StatusPublished

This text of 637 S.E.2d 705 (In Re McElroy) 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 McElroy, 637 S.E.2d 705, 281 Ga. 317, 2006 Fulton County D. Rep. 3564, 2006 Ga. LEXIS 982 (Ga. 2006).

Pincite

Opinion

Per curiam.

This disciplinary matter is before the Court on Respondent James Glenn McElroy’s Petition for Voluntary Surrender of License, which is tantamount to disbarment pursuant to Bar Rule 4-110 (f). In his petition, McElroy admits that while he was a partner in a law firm, an employee that he had direct supervisory authority over solicited non-lawyer prospective clients for McElroy by telephone and through direct personal contact, and that he knew of the employee’s conduct at a time when the consequences of that conduct could have been avoided or mitigated, but that he failed to take remedial action. McElroy further admits that by his conduct, he violated Rule 5.3 (c) (2), a part of Bar Rule 4-102 (d) of the Georgia Rules of Professional Conduct. The maximum penalty for a violation of Rule 5.3 (c) (2) is disbarment. The State Bar and the special master recommend that this Court accept McElroy’s petition.

*318 Decided November 20, 2006. William P. Smith III, General Counsel State Bar, Jonathan W. Hewett, Assistant General Counsel State Bar, for State Bar of Georgia. Rogers & Hardin, Robert B. Remar, for McElroy.

The Court has reviewed the record and agrees with the State Bar and the special master that McElroy’s Petition for Voluntary Surrender of License should be accepted for his admitted violation of Rule 5.3 (c) (2). Accordingly, McElroy’s Petition for Voluntary Surrender of License hereby is accepted. He is reminded of his duties under Bar Rule 4-219 (c).

Voluntary surrender of license accepted.

All the Justices concur.

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Per curiam.

This disciplinary matter is before the Court on Respondent James Glenn McElroy’s Petition for Voluntary Surrender of License, which is tantamount to disbarment pursuant to Bar Rule 4-110 (f). In his petition, McElroy admits that while he was a partner in a law firm, an employee that he had direct supervisory authority over solicited non-lawyer prospective clients for McElroy by telephone and through direct personal contact, and that he knew of the employee’s conduct at a time when the consequences of that conduct could have been avoided or mitigated, but that he failed to take remedial action. McElroy further admits that by his conduct, he violated Rule 5.3 (c) (2), a part of Bar Rule 4-102 (d) of the Georgia Rules of Professional Conduct. The maximum penalty for a violation of Rule 5.3 (c) (2) is disbarment. The State Bar and the special master recommend that this Court accept McElroy’s petition.

*318 Decided November 20, 2006. William P. Smith III, General Counsel State Bar, Jonathan W. Hewett, Assistant General Counsel State Bar, for State Bar of Georgia. Rogers & Hardin, Robert B. Remar, for McElroy.

The Court has reviewed the record and agrees with the State Bar and the special master that McElroy’s Petition for Voluntary Surrender of License should be accepted for his admitted violation of Rule 5.3 (c) (2). Accordingly, McElroy’s Petition for Voluntary Surrender of License hereby is accepted. He is reminded of his duties under Bar Rule 4-219 (c).

Voluntary surrender of license accepted.

All the Justices concur.

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Bluebook (online)

637 S.E.2d 705, 281 Ga. 317, 2006 Fulton County D. Rep. 3564, 2006 Ga. LEXIS 982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mcelroy-ga-2006.

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