In the Matter of Leighton Reid Berry, Jr

848 S.E.2d 71, 310 Ga. 158

• Court: Supreme Court of Georgia
• Decided: September 8, 2020
• Docket: S20Y0607
• Status: Published

Opinion

310 Ga. 158 FINAL COPY

S20Y0607. IN THE MATTER OF LEIGHTON REID BERRY, JR.

PER CURIAM.

This disciplinary matter is before the Court on a notice of

discipline, in which the State Bar seeks the disbarment of Leighton

Reid Berry, Jr. (State Bar No. 055545). The State Bar attempted to

serve Berry personally and by mail at the address that he registered

with the State Bar, but those attempts were unsuccessful. The State

Bar then properly served Berry by publication under Bar Rule 4-

203.1 (b) (3) (ii). Berry filed no notice of rejection, and he is now in

default. See Bar Rule 4-208.1 (b).

By virtue of his default, Berry is deemed to have admitted the

following facts. He was hired by a client to represent her in a

personal injury case, but he failed to ensure that the client executed

a written agreement prescribing the terms of his engagement, and

he failed to explain the basis for fees and expenses that he would

charge the client for the representation. Both Berry and his client signed a lien agreement with a physical therapy provider, however,

in which Berry promised to make payment to the provider on behalf

of his client when the client’s personal injury claim was resolved.

But when Berry settled the personal injury claim for his client, he

failed to inform the client of the settlement, he failed to make

payment for his client to the physical therapy provider, and he failed

to inform the client that he had not paid the provider. Eventually,

the provider notified the client that amounts remained outstanding,

and Berry then failed to respond to inquiries from his client and the

provider. The client ultimately paid the provider herself. Berry

failed to maintain records related to the funds that he received for

the benefit of his client in connection with the settlement of her

personal injury claim, and he misappropriated the funds that he was

supposed to remit to the physical therapy provider on her behalf.

Based on these facts, the State Bar asserts that Berry violated

Rules 1.2 (a), 1.3, 1.4 (a), 1.5 (b), 1.5 (c) (2), 1.15 (I) (a), 1.15 (I) (b),

and 8.4 (a) (4) of the Georgia Rules of Professional Conduct. The

maximum sanction for violations of Rules 1.2, 1.3, 1.15 (I), and 8.4

2 (a) (4) is disbarment. The State Bar notes no factors in mitigation of

the appropriate level of discipline. In aggravation, the State Bar

notes Berry’s history of prior discipline,1 his dishonest and selfish

motive, and his substantial experience in the practice of law.

Having considered the record, we agree that disbarment is the

appropriate sanction in this matter. See In the Matter of Gorman,

294 Ga. 726 (755 SE2d 746) (2014) (disbarring attorney who violated

Rules 1.3, 1.4, 1.15 (I) (b), 1.15 (II) (b), 8.4 (a) (4), and 9.3, where

attorney received settlement checks related to client’s personal

injury case, deposited the checks into her personal account, and did

not pay her client the client’s share of settlement funds).

Accordingly, it is hereby ordered that the name of Leighton Reid

Berry, Jr., be removed from the rolls of persons authorized to

1 The Bar recounts that Berry received an Investigative Panel reprimand

in 2001, formal letters of admonition in 2010 and 2016, and a public reprimand in 2010. See In the Matter of Berry, 288 Ga. 59 (701 SE2d 187) (2010). See also Bar Rule 4-208 (“In the event of a subsequent disciplinary proceeding, the confidentiality of the imposition of confidential discipline shall be waived and the Office of the General Counsel may use such information as aggravation of discipline.”).

3 practice law in the State of Georgia. Berry is reminded of his duties

pursuant to Bar Rule 4-219 (b).

Disbarred. All the Justices concur.

Decided September 8, 2020 — Reconsideration denied October 19, 2020.

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.