In the Matter of Marta Maria Noriega-Allen

841 S.E.2d 1, 308 Ga. 398

• Court: Supreme Court of Georgia
• Decided: March 26, 2020
• Docket: S20Y0421
• Status: Published

Opinion

308 Ga. 398 FINAL COPY

S20Y0421. IN THE MATTER OF MARTA MARIA NORIEGA-ALLEN.

PER CURIAM.

This disciplinary matter is before the Court on a Notice of

Discipline seeking the disbarment of Marta Maria Noriega-Allen

(State Bar No. 356678), who was admitted to the Bar in 2007. The

State Bar attempted to serve Noriega-Allen personally at the

address listed with the State Bar, but the sheriff filed a return of

service non est inventus. The State Bar then properly served her 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 Noriega-Allen’s

default, show that a client retained her to represent him in a divorce action and paid her $29,922.50 in retainer funds. Initially, Noriega-

Allen provided monthly invoices, which, as of September 2014,

showed that she had earned $12,866. After the divorce matter

settled in September 2015, the parties agreed to have the trial court

decide the issue of attorney fees. However, Noriega-Allen failed to

file a motion for fees on her client’s behalf, failed to respond to the

motion for fees filed by her client’s ex-wife, failed to appear at the

hearing on the issue of fees,1 failed to respond to her client’s

numerous requests for information about the balance owed from the

remaining retainer funds, failed to return or account for the

unearned balance, and moved to Maine without providing contact

information. After her client filed his grievance with the Bar,

Noriega-Allen failed to respond to the grievance and failed to

acknowledge service of the Notice of Investigation or respond to it.

As a result of her failure to respond, this Court entered an order of

1 The State Bar’s Notice of Discipline does not indicate whether or not

the client was harmed by Noriega-Allen’s failure to respond on his behalf on the issue of attorney fees in the divorce action. suspension. See In the Matter of Noriega-Allen, S20Y0043 (August

12, 2019).

Based on these facts, the Disciplinary Board found probable

cause to believe that Noriega-Allen violated Rules 1.2 (a), 1.3, 1.4,

1.5, 1.15 (I), 1.15 (II), 1.16 (d), and 3.2 of the Georgia Rules of

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

sanction for a violation of Rules 1.2 (a), 1.3, 1.15 (I), and 1.15 (II) is

disbarment, and the maximum sanction for a violation of Rules 1.4,

1.5, 1.16 (d), and 3.2 is a public reprimand.

The Board, relying on the ABA Standards for Imposing Lawyer

Sanctions as instructive, see In the Matter of Morse, 266 Ga. 652 (470

SE2d 232) (1996), found the following factors in aggravation:

dishonest or selfish motive, multiple offenses, substantial

experience in the practice of law, and indifference to making

restitution, see ABA Standard 9.22 (b), (d), (i), and (j), and only one

factor in mitigation: absence of a prior disciplinary record, see ABA

Standard 9.32 (a). Having reviewed the record, we conclude that disbarment is

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

ordered that the name of Marta Maria Noriega-Allen be removed

from the rolls of persons authorized to practice law in the State of

Georgia. Noriega-Allen is reminded of her 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 MARCH 26, 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.