In the Matter of Christopher Tyson

912 S.E.2d 637, 321 Ga. 64

• Court: Supreme Court of Georgia
• Decided: February 18, 2025
• Docket: S25Y0162
• Status: Published

Opinion

321 Ga. 64 FINAL COPY

S25Y0162. IN THE MATTER OF CHRISTOPHER TYSON.

PER CURIAM.

This disciplinary matter is before the Court on the petition for

voluntary discipline, which Respondent Christopher Tyson (State

Bar No. 142208) filed before the issuance of a formal complaint, see

Bar Rule 4-227 (b) (2), but after this Court rejected his earlier

petition for voluntary discipline. See In the Matter of Tyson, 319 Ga.

527 (904 SE2d 503) (2024) (“Tyson I”). Tyson admits to conduct in

violation of Rules 1.15 (I) (a), 1.15 (I) (b), 1.15 (I) (c), and 1.15 (II) (b)

of the Georgia Rules of Professional Conduct found in Bar Rule 4-

102 (d). The maximum penalty for a violation of these rules is

disbarment. Tyson requests a one- to two-year suspension

contingent upon his restitution of $872.53 in attorney fees to his

former client. The State Bar, through its response, supports Tyson’s

request, and we agree to accept a two-year suspension.

As set forth in Tyson I: Tyson admits that he represented a client in a personal injury matter arising out of a vehicle accident in December 2018 and that he settled the client’s case in November 2020 for $6,300. Upon receiving the settlement check, Tyson deposited the check into his IOLTA account. Tyson notified the client of the receipt of funds, but he did not notify a chiropractor from whom the client sought treatment and who had an interest in any settlement funds resulting from the case. Tyson paid an ERISA lien for medical benefits on behalf of the client but did not promptly disburse the settlement funds owed to the client or the chiropractor, did not maintain sufficient funds in his IOLTA account, and used those funds for personal expenses. Tyson, who was admitted to practice law in 1996, claims in an affidavit that he eventually stopped practicing in June 2021, at which time he relocated to Louisiana. Since July 2022, Tyson has been administratively suspended from the State Bar of Georgia for failing to pay his license fees.

Tyson I, 319 Ga. at 528.

In Tyson I, Tyson sought a six-month suspension, which we

rejected on the basis that Tyson failed to show that he had made full

restitution to the interested parties. 319 Ga. at 530. However, even

if he had made full restitution, we concluded that a six-month

2 suspension was insufficient based on the facts of the case and in

consideration of his prior disciplinary history in which he had

received an Investigative Panel Reprimand in 2013 based on his

violations for Rules 1.1 and 1.16 (d). Id. Although not admitted in

Tyson I, Tyson now admits that, of the $6,300 settlement, he paid

$1,227.47 to satisfy the ERISA lien, $2,100 to the client, and $2,100

to the chiropractor. Tyson includes with his petition a copy of a check

for $1,227.47 that was used to satisfy the ERISA lien, a copy of a

$2,100 check made out to the client, a copy of a $2,100 check made

out to the chiropractor, and correspondence from the chiropractor

stating that he is satisfied with his portion of the proceeds from the

settlement. Tyson admits that he disbursed the remaining $872.53

to himself for his attorney fees.

In his representation of the client, Tyson admits to violating

Rule 1.15 (I) (a)1 by failing to safeguard the settlement funds owed

1 Rule 1.15 (I) (a) provides in relevant part that “[a] lawyer shall hold

funds or other property of clients or third persons that are in a lawyer’s possession in connection with a representation separate from the lawyer’s own funds or other property.”

3 to the client and the chiropractor in his IOLTA account; Rule 1.15

(I) (b)2 by disregarding the chiropractor’s interest in the funds from

the settlement; Rule 1.15 (I) (c)3 by failing to promptly notify the

chiropractor of the receipt of the settlement and failing to promptly

disburse the funds owed to the client and the chiropractor; and Rule

1.15 (II) (b)4 by withdrawing from the IOLTA account unearned

funds for personal use.

Tyson submits the following factors in mitigation of discipline:

he has made partial restitution to the client and full restitution to

the chiropractor; he has fully and completely cooperated in this

2 Rule 1.15 (I) (b) provides in relevant part that “a lawyer may not disregard a third person’s interest in funds or other property in the lawyer’s possession.” 3 Rule 1.15 (I) (c) provides that

[u]pon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property. 4 Rule 1.15 (II) (b) provides in relevant part that “[n]o funds shall be

withdrawn from such trust accounts for the personal use of the lawyer maintaining the account except earned lawyer’s fees debited against the account of a specific client and recorded as such.”

4 disciplinary matter; he has expressed remorse by submitting this

petition and agreeing to be held responsible for his wrongdoing; and,

though he has a disciplinary history, his prior discipline is remote

and for unrelated conduct. See ABA Standard 9.32 (d), (e), (l), & (m).

Tyson requests a one- to two-year suspension with his

reinstatement contingent upon payment of $872.53 to his client. The

State Bar does not dispute Tyson’s admissions of fact, admissions of

rule violations, or the mitigating factors set forth in his petition. The

State Bar supports Tyson’s one- to two-year suspension contingent

upon repayment of his attorney fees and the requirements imposed

upon him by Bar Rule 1-501 (b) to lift his administrative suspension

before returning to the practice of law.

We have reviewed the record and agree to accept Tyson’s

amended petition for voluntary discipline. A two-year suspension is

appropriate and is consistent with the sanctions imposed in similar

cases involving the misuse of client funds. See In the Matter of

Morgan, 303 Ga. 678 (814 SE2d 394) (2018) (accepting petition for

voluntary discipline requesting two-year suspension with conditions

5 where attorney withdrew funds from client’s estate and deposited

them for personal use); In the Matter of Braziel, 318 Ga. 389 (898

SE2d 458) (2024) (two-year suspension for attorney with prior

discipline who violated Rules 1.15 (I) (b), 1.15 (I) (c), and 4.1).

Accordingly, it is hereby ordered that Christopher Tyson is

suspended from the practice of law in this State for a period of two

years from the date of this opinion, with reinstatement conditioned

on Tyson providing restitution totaling $872.53 to his former client

and successful completion of the terms and conditions set forth in

Bar Rule 1-501 (b) to lift his administrative suspension. At the

conclusion of the two-year suspension, Tyson may seek

reinstatement by demonstrating to the State Bar’s Office of General

Counsel that he has met the conditions on reinstatement. If the

State Bar agrees that the conditions have been met, it will submit a

notice of compliance to this Court, and this Court will issue an order

granting or denying reinstatement. Tyson is reminded of his duties

under Bar Rule 4-219 (b).

6 Petition for voluntary discipline accepted. Two-year suspension with conditions. All the Justices concur.

Decided February 18, 2025.

Suspension.

Paula J. Frederick, General Counsel State Bar, Russell D.

Willard, General Counsel State Bar Designate, William D. NeSmith

III, Deputy General Counsel State Bar, Andreea N. Morrison,

Assistant General Counsel State Bar, for State Bar of Georgia.