In the Matter of Emily C. Williams

903 S.E.2d 99, 319 Ga. 314

• Court: Supreme Court of Georgia
• Decided: June 11, 2024
• Docket: S24Y0919
• Status: Published

Opinion

319 Ga. 314 FINAL COPY

S24Y0919. IN THE MATTER OF EMILY C. WILLIAMS.

PER CURIAM.

This disciplinary matter is before the Court on a petition for

voluntary discipline in a reciprocal disciplinary matter wherein the

Respondent Emily C. Williams (State Bar No. 579779), a member of

the State Bar of Georgia since 2005, was suspended from the

practice of law in Florida for 91 days with conditions on her

reinstatement and requests the same suspension here, retroactive

to the effective date of the Florida suspension. The Bar has

responded, recommending that the Court accept the petition, and we

agree to do so.

With multiple disciplinary actions pending against her in

Florida, Williams and the State Bar of Florida entered into a consent

judgment, pursuant to which the Supreme Court of Florida entered

an order on January 11, 2024, suspending Williams from the

practice of law for 91 days, effective February 10, 2024, and entering judgment against her in the amount of $1,534.47 for the costs of the

Florida Bar’s action against her. According to Williams, her

reinstatement will require the express support of the Florida

Lawyers Assistance Program and a showing of rehabilitation.

Moreover, prior to making a showing of rehabilitation, Williams will

be required to undergo a comprehensive mental health evaluation.

Based on the discipline imposed in Florida, the Georgia Bar

initiated a reciprocal disciplinary action against Williams pursuant

to Georgia Rule of Professional Conduct (“GRPC”) 9.4 (b), and, in

response, Williams filed this petition for voluntary discipline. See

GRPC 9.4 (b); Bar Rule 4-227 (b). In her petition, Williams explains

that, in Florida, she faced eight separate disciplinary matters, which

she summarizes as involving her failure to adequately communicate

with her clients, to competently and diligently represent those

clients, to expedite litigation, to earn the fees that she had been paid,

and to report two arrests in March and May 2017. She asserts that

the discipline as to those matters was mitigated by the absence of a

prior disciplinary history; the absence of a dishonest or selfish

2 motive; personal or emotional problems, which she details; a timely

good faith effort to make restitution in that she made fee refunds to

her clients; good character or reputation; physical/mental disability

or impairment or substance-related disorder; interim rehabilitation;

and extreme remorse. See ABA Standards for Imposing Lawyer

Sanctions (“ABA Standard”), Standard 9.32 (a), (b), (c), (d), (g), (i),

and (l).

Williams admits in aggravation of discipline that she engaged

in a pattern of misconduct and committed multiple offenses, see

ABA Standard 9.22 (c) and (d), but she assures this Court that she

has taken steps to ensure future professional behavior in compliance

with all disciplinary rules. Asserting that she has not practiced law

in Georgia since September 2023, Williams requests that this Court

suspend her license to practice law for a period of 91 days, nunc pro

tunc to February 10, 2024, and condition her reinstatement on the

provision of proof to the Office of General Counsel that she has met

the requirements for reinstatement as set forth in the January 11,

2024 order of the Supreme Court of Florida.

3 The Bar responds by agreeing with the essence of Williams’s

assertions in her petition and stating that Williams cooperated with

the Georgia Bar and expressed remorse during these proceedings.

The Bar contends that Williams’s requested discipline is sufficient

to serve as “a penalty to the offender, a deterrent to others, and as

an indication to laymen that the courts will maintain the ethics of

the profession,” In the Matter of Dowdy, 247 Ga. 488, 493 (4) (277

SE2d 36) (1981) (citation and punctuation omitted), and notes that

the requested discipline is “substantially similar” to the discipline

imposed in Florida, see GRPC 9.4 (b) (3) (requiring the imposition of

“substantially similar discipline” in reciprocal disciplinary cases

unless the respondent makes certain showings not at issue in this

case). Therefore, the Bar recommends that the Court accept

Williams’s voluntary petition and impose the requested discipline.

Given that this Court has generally interpreted the Bar Rules

governing reciprocal discipline to require the imposition of

substantially similar discipline as was imposed in the other

jurisdiction, see In the Matter of Van Dyke, 316 Ga. 168, 177 (3) (886

4 SE2d 811) (2023) (noting the “nature of reciprocal discipline matters

. . . wherein this Court must only impose ‘substantially similar’

discipline”), and because the Bar confirms Williams’s assertions that

she has not practiced law in this State since September 2023, this

Court accepts her petition for voluntary discipline and imposes a 91-

day suspension with conditions, nunc pro tunc to February 10, 2024.

See id. (imposing suspension nunc pro tunc based on a showing that

the attorney voluntarily ceased the practice of law prior to the

issuance of this Court’s suspension). Further, we condition her

reinstatement on the provision of proof that she has met the

requirements for reinstatement as set forth in the January 11, 2024

order of the Supreme Court of Florida. At the conclusion of the

suspension imposed in this matter, Williams may seek

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

Counsel that she has met the conditions for 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. See In the Matter of Topmiller,

5 293 Ga. 667, 669 (748 SE2d 919) (2013). Williams is reminded of her

duties under Bar Rule 4-219 (b).

Petition for voluntary discipline accepted; ninety-one-day suspension with conditions. All the Justices concur.

Decided June 11, 2024.

Suspension.

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

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

Morrison, Assistant General Counsel State Bar, for State Bar of

Georgia.