In the Matter of Lesley Annis

306 Ga. 187

• Court: Supreme Court of Georgia
• Decided: June 10, 2019
• Docket: S19Y0792
• Status: Published

Opinion

306 Ga. 187 FINAL COPY

S19Y0792. IN THE MATTER OF LESLEY ANNIS.

PER CURIAM.

This disciplinary matter is before the Court on a Notice of

Discipline seeking the disbarment of Lesley Annis (State Bar No.

019780) for several rules violations related to her abandonment of

two clients. The State Bar attempted to serve Annis personally at

the address she listed with the State Bar’s Membership

Department, but the State Bar investigator executed an entry of

service non est inventus. The State Bar then properly served Annis

by publication pursuant to Bar Rule 4-203.1 (b) (3) (ii), but she failed

to file a Notice of Rejection. Therefore, she is in default, has waived

her 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 Annis’s default, are

as follows. In 2015, Annis agreed to represent a client in a Chapter 13 bankruptcy action in the United States Bankruptcy Court for the

Northern District of Georgia. One of the client’s creditors filed a

motion for relief from the stay, and the motion came before the

bankruptcy court on two occasions. The client and counsel for the

creditor appeared at both hearings, but Annis did not. The

bankruptcy court then scheduled a hearing to consider whether

Annis was in contempt of court, but Annis failed to appear at that

hearing as well. Accordingly, the bankruptcy court found that Annis

had abandoned her client and barred Annis from further practice in

the bankruptcy court until she addressed her failure to appear at

the hearing as ordered in the client’s case.

In 2016, Annis agreed to represent another client in a Chapter

13 bankruptcy action in the Northern District of Georgia, and the

client paid Annis $5,000 in legal fees. However, the client was

unable to reach Annis after January 17, 2017 to discuss his case,

despite the fact that he called, sent texts and e-mails, and visited

her office. The client then notified the bankruptcy court that he was

unable to reach his lawyer. In addition, the client sent Annis

2 termination letters in May 2017, but Annis failed to respond, and

the bankruptcy court terminated Annis as the client’s counsel of

record by order in June 2017. Although Annis was served with a

Notice of Investigation by publication related to this disciplinary

matter, she failed to submit a sworn response as required by Bar

Rule 4-204.3.

The Disciplinary Board found as to both matters that, by her

actions, Annis willfully abandoned the legal matters entrusted to

her, to her clients’ detriment; failed to abide by the clients’ decisions

concerning the scope and objectives of representation; failed to

communicate with the clients and to keep them reasonably informed

about the status of their bankruptcy cases; and charged the clients

an unreasonable fee, as she took a fee to file both Chapter 13

bankruptcy cases, but did not complete either one. Accordingly, the

Disciplinary Board found probable cause to believe that Annis

violated Rules 1.2 (a), 1.3, 1.4, 1.5, and 9.3 of the Georgia Rules of

Professional Conduct found in Bar Rule 4-102 (d). The maximum

sanction for a violation of Rules 1.2 and 1.3 is disbarment, and the

3 maximum sanction for a violation of Rules 1.4, 1.5, and 9.3 is a

public reprimand.

In aggravation for the level of discipline, see Bar Rule 4-208.2

(a) (4), the Disciplinary Board found that Annis acted dishonestly in

collecting fees and abandoning her clients’ cases; failed to respond

to the Notice of Investigation in this matter (resulting in her current

interim suspension); violated multiple rules of professional conduct;

and had substantial experience in the practice of law, having been

admitted to the State Bar in 2000.

Having reviewed the record, we conclude that disbarment is

the appropriate sanction in this matter. Accordingly, it is hereby

ordered that the name of Lesley Annis be removed from the rolls of

persons authorized to practice law in the State of Georgia. Annis is

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

Disbarred. All the Justices concur.

4 Decided June 10, 2019.

Disbarment.

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

NeSmith III, Deputy General Counsel State Bar , Jenny K.

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

Georgia.