In the Matter of Jared Michael Arrington

841 S.E.2d 663, 308 Ga. 486

• Court: Supreme Court of Georgia
• Decided: April 6, 2020
• Docket: S20Y0312
• Status: Published

Opinion

308 Ga. 486 FINAL COPY

S20Y0312. IN THE MATTER OF JARED MICHAEL ARRINGTON.

PER CURIAM.

This disciplinary matter is before the Court on a Notice of

Discipline seeking the disbarment of Jared Michael Arrington (State

Bar No. 000686), who was admitted to the Bar in 2008. The State

Bar attempted to serve Arrington personally at his official address

as listed with the State Bar, but he could not be found at that

address. The State Bar then properly served Arrington by

publication pursuant to Bar Rule 4-203.1 (b) (3) (ii). Arrington failed

to file a Notice of Rejection. Therefore, Arrington 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).

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

are as follows. In October 2013, in connection with the closing of a

residential real estate transaction, Arrington collected $972.50 from the purchasers to obtain a title insurance policy for the benefit of the

lender, Branch Banking & Trust (“BB&T”). Arrington, however,

never purchased the policy. When contacted by a BB&T loan officer

inquiring about the policy, Arrington promised to forward it, but he

never did. The loan officer, after being informed by the title

insurance company that no policy had ever been purchased, again

contacted Arrington, requesting that he remit the $972.50 to BB&T.

Arrington failed to respond to this request and several others over a

more than two-year period, prompting the loan officer to file a

grievance with the State Bar. In response to the grievance,

Arrington stated that, due to “personal issues,” he had closed his

practice the previous year; that he had believed all final title policies

“were taken care of by an office assistant” before he closed his office

but recently discovered this was not the case; and that he was in the

process of closing all his open files and would send the final policy

and proof of payment as soon as possible. Arrington, however, did

not do so. The State Bar thereafter issued a Notice of Investigation,

unsuccessfully attempted personal service, and ultimately effected service by publication. The State Bar then moved for an interim

suspension, which the Court granted on May 13, 2019, and which

remains in place. See Case No. S19Y1152.

Through the above-described conduct, the State Bar contends

that Arrington has violated Rules 1.3, 1.4, 1.15 (I), and 1.15 (II) (a)

and (c) (2) (ii) of the Georgia Rules of Professional Conduct, found at

Bar Rule 4-102 (d). The maximum penalty for violations of Rules

1.3, 1.15 (I), and 1.15 (II) (a) is disbarment, while the maximum

penalty for violations of Rules 1.4 and 1.15 (II) (c) is a public

reprimand. In recommending disbarment, the State Bar notes in

aggravation that Arrington acted willfully, dishonestly, and with a

selfish motive; engaged in multiple violations of the Rules;

intentionally failed to comply with the disciplinary process; took

advantage of vulnerable victims; has been indifferent to making

restitution; and has experience in the practice of law.

The Court hereby finds that Arrington has violated Rule 1.3,

by willfully disregarding his responsibility to acquire the title

insurance policy and willfully abandoning the matter and his client; Rule 1.4, by failing to communicate promptly and accurately with

his client about his failure to acquire the title policy; and Rules 1.15

(I) and 1.15 (II) (a), by failing to keep the $972.50 in a trust account

separate from his own funds and by converting the funds and failing

to deliver or account for them upon his client’s request.1 Given the

nature of the conduct and the aggravating factors noted above, we

find that disbarment is appropriate and consistent with discipline

imposed in cases involving similar violations. See, e.g., In the Matter

of Bennett, 307 Ga. 679 (837 SE2d 298) (2019) (disbarment

warranted for abandoning client matter and retaining settlement

funds where attorney acted with dishonest or selfish motive, failed

to respond adequately to disciplinary authorities, and had

substantial experience in the practice of law); In the Matter of Mays,

303 Ga. 152 (810 SE2d 478) (2018) (disbarment warranted for

abandoning client and failing to refund unearned retainer where

attorney had substantial experience in the practice of law and failed

1 Given that no trust account was utilized at all for these client funds,

the specific provisions of Rule 1.15 (II) (c) (2) (ii) are inapplicable. to respond adequately to disciplinary authorities); In the Matter of

Miller, 302 Ga. 366 (806 SE2d 596) (2017) (disbarment warranted

for abandoning client where attorney had substantial experience in

the practice of law and failed to respond to disciplinary authorities);

In the Matter of Ali, 283 Ga. 225 (658 SE2d 115) (2008) (disbarment

warranted for abandoning client and failing to respond to

disciplinary authorities). Accordingly, it is hereby ordered that the

name of Jared Michael Arrington be removed from the rolls of

persons authorized to practice law in the State of Georgia.

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

Disbarred. Melton, C. J., Nahmias, P. J., and Blackwell, Boggs, Peterson, Warren, Bethel, and Ellington, JJ., concur.

DECIDED APRIL 6, 2020. Disbarment. 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.