In the Matter of Clarence A. Sydnor, IV

306 Ga. 383

• Court: Supreme Court of Georgia
• Decided: July 1, 2019
• Docket: S19Y0709
• Status: Published

Opinion

306 Ga. 383 FINAL COPY

S19Y0709. IN THE MATTER OF CLARENCE A. SYDNOR IV.

PER CURIAM.

This disciplinary matter is before the Court on a Notice of

Discipline filed in February 2019 seeking the disbarment of

Clarence A. Sydnor IV (State Bar No. 627173). After efforts to serve

Sydnor personally with the Notice of Discipline proved unsuccessful,

the State Bar properly served Sydnor by publication pursuant to Bar

Rule 4-203.1 (b) (3) (ii). Sydnor failed to file a Notice of Rejection.

Therefore, he is in default, has waived his right to an evidentiary

hearing, and is subject to such discipline and further proceedings as

may be determined by this Court. See Bar Rule 4-208.1 (b). Sydnor

is currently suspended from the practice of law until further order

of this Court based on a Special Master’s recommendation that this

Court accept Sydnor’s petition for voluntary suspension, pending the outcome of his disciplinary proceedings.1 See In the Matter of

Sydnor, S18Y1531 (August 15, 2018).

The facts, as deemed admitted by virtue of Sydnor’s default,

are as follows. In February 2018, Sydnor was retained by a client to

represent her in a claim arising out of an automobile accident. On

May 2, 2018, Sydnor settled the client’s claim, on May 3, 2018, Geico

Indemnity Company issued a settlement check in the amount of

$8,300 payable to Sydnor and the client, and on May 8, 2018, the

client executed a release and settlement agreement. Sydnor received

the settlement check, forged the client’s signature on the check, and

deposited it into his operating account instead of his IOLTA account.

Sydnor failed to inform the client that he received the settlement

check or that he deposited the check into his operating account, and

failed to disburse the settlement funds to the client. The client

1 Sydnor currently has another matter pending before the same special master in an unrelated disciplinary matter. See In the Matter of Sydnor, Case No. S18B1257 (May 23, 2018) (appointing special master to hear claims arising out of Sydnor’s representation of a client in a personal injury case).

2 attempted to contact Sydnor on numerous occasions about the status

of her settlement, but Sydnor failed to respond.

The State Disciplinary Board found probable cause to believe

that Sydnor violated Rules 1.2, 1.3, 1.4, 1.15 (I), 1.15 (II), and 8.4 of

the Georgia Rules of Professional Conduct. The maximum sanction

for a violation of Rules 1.4 and 1.15 (II) (c) is a public reprimand,

while the maximum sanction for a violation of Rules 1.2, 1.3, 1.15

(I), 1.15 (II) (a) and (b), and 8.4 in the present case is disbarment. In

aggravation of the level of discipline, see Bar Rule 4-208.2 (a) (4),

the State Disciplinary Board found that Sydnor acted with a

dishonest and selfish motive.

Having reviewed the record, we conclude that disbarment is

the appropriate sanction in this matter. Accordingly, it is hereby

ordered that the name of Clarence A. Sydnor IV be removed from

the rolls of persons authorized to practice law in the State of

Georgia. Sydnor is reminded of his duties pursuant to Bar Rule 4-

219 (b).

Disbarred. All the Justices concur.

3 Decided July 1, 2019.

Disbarment.

Paula J. Frederick, General Counsel State Bar, William

D. NeSmith III, Deputy General Counsel State Bar, Jenny K.

Mittelman, Andreea N. Morrison, Assistant General Counsel State

Bar, for State Bar of Georgia.