In the Matter of Daniel Lee Dean

849 S.E.2d 424, 310 Ga. 100

• Court: Supreme Court of Georgia
• Decided: October 5, 2020
• Docket: S20Y1435
• Status: Published

Opinion

310 Ga. 100 FINAL COPY

S20Y1435. IN THE MATTER OF DANIEL LEE DEAN.

PER CURIAM.

This disciplinary matter is before the Court on the petition for

voluntary surrender of license filed by Daniel Lee Dean (State Bar

No. 214575) prior to the issuance of a formal complaint, pursuant to

Bar Rule 4-227 (b) (2). Dean, who has been a member of the Bar

since 1977, is currently undergoing treatment for terminal cancer.

We recently appointed receivers for his client files, records, and

accounts, based on our determination that he “has become so

impaired as a result of a terminal illness that he is unable to

properly represent his clients.” In the Matter of Dean, S20B1282

(June 18, 2020).

Dean states that he currently has three grievances that have

been filed against him, which allege numerous violations of the

Georgia Rules of Professional Conduct found in Bar Rule 4-102 (d), some of which are punishable by disbarment. While Dean does not

agree with all of the factual allegations in the grievances, he

acknowledges that there is some factual basis to support violations

of Rules 1.1, 1.2, 1.3, 1.4, 1.5, 1.15 (I), 1.15 (II), 1.15 (III), 1.16, 4.1,

and 8.4.

Dean urges us to accept the surrender of his license pursuant

to Bar Rule 4-104 (a) in lieu of discipline for his alleged violations of

the Bar Rules. See In the Matter of Healy, 308 Ga. 658 (842 SE2d

844) (2020). He further promises that should we accept his

surrender of license, notwithstanding any successful treatment of

his illness that may occur in the future, he will not seek

reinstatement to the practice of law. The State Bar has filed a

response, asking that we grant Dean’s petition for voluntary

surrender of license.

Having reviewed the petition, we agree to accept Dean’s

petition for voluntary surrender of license under Bar Rule 4-104,

which is tantamount to disbarment. Accordingly, it is hereby

ordered that the name of Daniel Lee Dean be removed from the rolls

2 of persons authorized to practice law in the State of Georgia. Dean

is reminded of his duties pursuant to Bar Rule 4-219 (b).

Voluntary surrender of license accepted. All the Justices concur.

Decided October 5, 2020.

Voluntary surrender of license. Paula J. Frederick, General Counsel State Bar, William D. NeSmith III, Deputy General Counsel State Bar, Jenny K. Mittelman, James S. Lewis, Assistant General Counsel State Bar, for State Bar of Georgia.