In the Matter of Joseph Byron Ervin

• Court: Supreme Court of Georgia
• Decided: February 27, 2017
• Docket: S17Z0882
• Status: 200

Opinion

300 Ga. 658 FINAL COPY

S17Z0882. IN THE MATTER OF JOSEPH BYRON ERVIN.

PER CURIAM.

This matter is before the Court on the Application for Certification of

Fitness to Practice Law, pursuant to Part A, Section 10 of the Rules Governing

Admission to the Practice Law in Georgia (the “Rules”), filed by Joseph Byron

Ervin. Ervin, who was originally admitted to the practice of law in 1991, was

disbarred in 1999 for misconduct and financial improprieties occurring during

the representation of a minor child in a personal injury action, which conduct

violated the then-applicable Standards 4, 45 (f), 61, 63, and 65 (A) of Bar Rule

4-102.1 Specifically, Ervin settled the case without the permission of the child’s

guardian, failed to deposit the settlement funds in his trust account,

misrepresented material facts to the insurer and the court, and ultimately

attempted to deliver the settlement funds to the child’s guardian, but tendered

1 In relevant part, Standard 4 prohibited professional conduct involving dishonesty, fraud, deceit, or wilful misrepresentation; 45 (f) prohibited settling a legal proceeding or claim without proper authorization from the client; 61 required promptly notifying a client of the receipt of the client’s funds and promptly delivering such funds to the client; 63 required the maintenance of a complete record of client funds and promptly rendering appropriate accounts regarding the funds to the client; and 65 (A) prohibited commingling a client’s funds with the lawyer’s funds. a check that was returned for insufficient funds. In the Matter of Ervin, 271 Ga.

707 (521 SE2d 561) (1999).

On March 1, 2006, Ervin filed his first Application for Certification, but

it was denied by the Board to Determine Fitness in 2009, and Ervin did not seek

review in this Court. On December 2, 2015, Ervin filed the instant Application

for Certification, and in January 2016, submitted a statement of rehabilitation,

expressing deep remorse, taking full responsibility for his conduct, and detailing

his rehabilitation through his substantial contributions to his community. See In

re Cason, 249 Ga. 806 (294 SE2d 520) (1982). Ervin also met with the Fitness

Board and submitted over 20 letters of support from religious leaders, business

leaders, elected officials, and attorneys, attesting to his character and substantial

civic involvement in the Savannah community, including his appointment to

Savannah’s Metropolitan Planning Board. The Client Security Fund indicated

that no claims had been made against Ervin and that no restitution was due to

the Fund from him. And while five additional grievances were pending at the

time of the disbarment and were mooted thereby, the State Bar has indicated that

it does not intend to reactivate those matters, and Ervin has explained that he has

made full restitution to the clients harmed by his conduct.

2 The Fitness Board, having met with Ervin and having considered the

materials he submitted, concluded that Ervin had, by clear and convincing

evidence, carried his burden under Cason of demonstrating, over the course of

the past 17 years, rehabilitation from his prior conduct. Upon consideration of

the entire record, we likewise conclude that Ervin has shown that he is entitled

to be certified as fit to practice law in Georgia. Further, it appears that Ervin has

met all the procedural requirements of Part A, Section 10 for approval of his

Application for Certification of Fitness. Accordingly, this Court hereby grants

Ervin’s Application for Certification of Fitness and orders that, upon satisfaction

of all the requirements of Part B of the rules, including taking and passing the

Georgia Bar Examination, Ervin may be reinstated as an attorney licensed to

practice law in the State of Georgia.

Certification of fitness for readmission granted. All the Justices concur.

Decided February 27, 2017.

Certification of fitness for readmission.

John C. Sammon, A. Leigh Burgess, Heidi M. Faenza, for Office of Bar

Admissions.