320 Ga. 527 FINAL COPY
S24Y1164, S24Y1165, S24Y1166, S24Y1167. IN THE MATTER OF MICHAEL FREDERICK GREENE (four cases).
PER CURIAM.
These four disciplinary matters are before the Court on a
Notice of Discipline that seeks the disbarment of respondent
Michael Frederick Greene (State Bar No. 307901), who has been a
member of the State Bar since 1993, based on his misconduct in the
representation and abandonment of three clients. Greene is
currently suspended pursuant to an interim order based on his
failure to adequately respond to the State Bar’s Notice of
Investigation, pursuant to State Bar Rule 4-204.3 (d). See Case No.
S24Y0958 (Apr. 23, 2024). We agree with the State Bar that
Greene’s abandonment of clients and failure to participate in the
instant proceedings warrant disbarment.
The Notice of Discipline issued by the State Bar in these
proceedings was properly served on Greene by publication after he failed to acknowledge service within 20 days of a mailing to his
official address registered with the State Bar of Georgia’s
Membership Department pursuant to Bar Rule 4-203.1 (b) (3) (ii).
As Greene failed to file a Notice of Rejection to the Notice of
Discipline within the time set by Bar Rule 4-208.3 (a), he is in
default, has no right to an evidentiary hearing, and is subject to
discipline and further proceedings as may be determined by this
Court pursuant to Bar Rule 4-208.1 (b).
The facts, as deemed admitted, are as follows. In the matters
underlying State Disciplinary Board Docket (“SDBD”) Nos. 7598
and 7627, Greene received $10,000 from a father to represent his
daughter for the limited purpose of a bond hearing in Jones County
Superior Court. Accordingly, in June 2020, Greene filed a limited
entry of appearance for purposes of seeking bond on behalf of the
client. In November 2020, along with other motions, Greene filed a
notice of appearance when the client was indicted. While the client
was incarcerated, Greene was often unavailable when she would call
him for case updates. During one telephone conference with the
2 prosecutor and investigator assigned to the client’s case, Greene
used profane language and was so disruptive while yelling at his
family members that the prosecutor rescheduled the conference.
Greene failed to attend the rescheduled case conference.
On April 8, 2021, the client, who remained incarcerated, came
before the Superior Court for a trial calendar call, and despite
receiving notice, Greene failed to attend the hearing and did not
notify the court of any conflicts, nor did he file a conflict letter. The
Superior Court was notified that the client and her father had not
heard from Greene in several months despite many attempts to
communicate with him. When court personnel attempted to contact
Greene, he did not respond. The hearing was rescheduled, but
Greene still failed to appear, and court personnel, the prosecutor,
and the client’s father were all unsuccessful in contacting Greene.
The trial court then sent a notice for Greene to appear for a show
cause hearing, but he failed to attend the show cause hearing that
was before another Superior Court judge. During the show cause
hearing, the judge learned that not only had Greene abandoned the
3 case, but, in the words of a prosecutor who appeared at the hearing,
he exhibited “rather bizarre behavior” during a meeting with the
prosecutor, investigators, and the client. The court appointed an
assistant public defender to represent the client because she could
not afford another attorney, and the client terminated Greene’s
representation.
Early on in the investigation, the client told Greene she wanted
to cooperate with the prosecuting attorney by offering evidence that
may assist in the investigation, but due to Greene’s abandonment,
her willingness to be a cooperating witness was never conveyed to
the prosecutor, and, instead, the co-defendant provided information
against the client, which resulted in the co-defendant negotiating a
plea agreement.
With regard to SDBD No. 7793, in May 2020, Greene was
retained to represent a client in a criminal case in Gwinnett County
Superior Court, and he charged the client $15,000. While
incarcerated, the client attended the first court appearance with
Greene in May 2020, and in July 2020, she was released from jail on
4 bond. Greene last visited the client two days prior to her release
from jail, and in September 2020, the client reached out to Greene
for a status update on her case. After the September 2020
conversation, the client never heard from Greene again. Greene
failed to notify the client of her arraignment hearing in May 2021,
and he failed to attend the hearing. He also never obtained or
explained discovery to the client, and he never shared any plea offers
with the client. The client attempted to reach Greene on numerous
occasions, but he never responded, and she had to retain new
counsel to resolve her case.
Finally, with regard to SDBD No. 7880, in July 2023, a client
retained Greene to investigate the incarceration of her father who
was an inmate at a federal prison in Georgia. The scope of the
representation included an investigation into why the federal prison
was holding the father in isolation; whether the father was charged
with new crimes; and whether it was legal for the federal prison to
return or withhold an inmate’s mail. Greene agreed to conduct the
investigation for a flat fee of $500 and to provide answers within a
5 few days. The client immediately paid the fee and sent a text
message to remind Greene to send her a receipt and “something
formal . . . with things clear in writing.” Greene did not send her the
requested receipt and failed to send a retainer or legal services
agreement. The day after receiving payment, Greene responded to
the client’s inquiry regarding prison mail, and after learning from
Greene that the prison’s actions regarding her father’s mail were
illegal, the client filed a complaint with the regional department of
the federal prison. At a later date, Greene notified the client that he
was not actually successful in contacting the federal prison, and she
determined that Greene had not completed any of the tasks for
which he was retained. The client then requested a full refund;
Greene advised that he did not give refunds and that he was closing
the case (although he later offered to refund her $200, which she
declined).
Based on these facts, the State Disciplinary Board found
6 probable cause to believe that Greene violated Rules 1.2 (a),1 1.3,2
1.4 (a) (3) and (4),3 1.5 (a),4 1.16 (d),5 and 3.26 of the Georgia Rules of
Professional Conduct found in Bar Rule 4-102 (d).7 The maximum
1 Rule 1.2 (a) provides that “a lawyer shall abide by a client’s decisions
concerning the scope and objectives of representation and . . . shall consult with the client as to the means by which they are to be pursued.” 2 Rule 1.3 provides that “[a] lawyer shall act with reasonable diligence
and promptness in representing a client.
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320 Ga. 527 FINAL COPY
S24Y1164, S24Y1165, S24Y1166, S24Y1167. IN THE MATTER OF MICHAEL FREDERICK GREENE (four cases).
PER CURIAM.
These four disciplinary matters are before the Court on a
Notice of Discipline that seeks the disbarment of respondent
Michael Frederick Greene (State Bar No. 307901), who has been a
member of the State Bar since 1993, based on his misconduct in the
representation and abandonment of three clients. Greene is
currently suspended pursuant to an interim order based on his
failure to adequately respond to the State Bar’s Notice of
Investigation, pursuant to State Bar Rule 4-204.3 (d). See Case No.
S24Y0958 (Apr. 23, 2024). We agree with the State Bar that
Greene’s abandonment of clients and failure to participate in the
instant proceedings warrant disbarment.
The Notice of Discipline issued by the State Bar in these
proceedings was properly served on Greene by publication after he failed to acknowledge service within 20 days of a mailing to his
official address registered with the State Bar of Georgia’s
Membership Department pursuant to Bar Rule 4-203.1 (b) (3) (ii).
As Greene failed to file a Notice of Rejection to the Notice of
Discipline within the time set by Bar Rule 4-208.3 (a), he is in
default, has no right to an evidentiary hearing, and is subject to
discipline and further proceedings as may be determined by this
Court pursuant to Bar Rule 4-208.1 (b).
The facts, as deemed admitted, are as follows. In the matters
underlying State Disciplinary Board Docket (“SDBD”) Nos. 7598
and 7627, Greene received $10,000 from a father to represent his
daughter for the limited purpose of a bond hearing in Jones County
Superior Court. Accordingly, in June 2020, Greene filed a limited
entry of appearance for purposes of seeking bond on behalf of the
client. In November 2020, along with other motions, Greene filed a
notice of appearance when the client was indicted. While the client
was incarcerated, Greene was often unavailable when she would call
him for case updates. During one telephone conference with the
2 prosecutor and investigator assigned to the client’s case, Greene
used profane language and was so disruptive while yelling at his
family members that the prosecutor rescheduled the conference.
Greene failed to attend the rescheduled case conference.
On April 8, 2021, the client, who remained incarcerated, came
before the Superior Court for a trial calendar call, and despite
receiving notice, Greene failed to attend the hearing and did not
notify the court of any conflicts, nor did he file a conflict letter. The
Superior Court was notified that the client and her father had not
heard from Greene in several months despite many attempts to
communicate with him. When court personnel attempted to contact
Greene, he did not respond. The hearing was rescheduled, but
Greene still failed to appear, and court personnel, the prosecutor,
and the client’s father were all unsuccessful in contacting Greene.
The trial court then sent a notice for Greene to appear for a show
cause hearing, but he failed to attend the show cause hearing that
was before another Superior Court judge. During the show cause
hearing, the judge learned that not only had Greene abandoned the
3 case, but, in the words of a prosecutor who appeared at the hearing,
he exhibited “rather bizarre behavior” during a meeting with the
prosecutor, investigators, and the client. The court appointed an
assistant public defender to represent the client because she could
not afford another attorney, and the client terminated Greene’s
representation.
Early on in the investigation, the client told Greene she wanted
to cooperate with the prosecuting attorney by offering evidence that
may assist in the investigation, but due to Greene’s abandonment,
her willingness to be a cooperating witness was never conveyed to
the prosecutor, and, instead, the co-defendant provided information
against the client, which resulted in the co-defendant negotiating a
plea agreement.
With regard to SDBD No. 7793, in May 2020, Greene was
retained to represent a client in a criminal case in Gwinnett County
Superior Court, and he charged the client $15,000. While
incarcerated, the client attended the first court appearance with
Greene in May 2020, and in July 2020, she was released from jail on
4 bond. Greene last visited the client two days prior to her release
from jail, and in September 2020, the client reached out to Greene
for a status update on her case. After the September 2020
conversation, the client never heard from Greene again. Greene
failed to notify the client of her arraignment hearing in May 2021,
and he failed to attend the hearing. He also never obtained or
explained discovery to the client, and he never shared any plea offers
with the client. The client attempted to reach Greene on numerous
occasions, but he never responded, and she had to retain new
counsel to resolve her case.
Finally, with regard to SDBD No. 7880, in July 2023, a client
retained Greene to investigate the incarceration of her father who
was an inmate at a federal prison in Georgia. The scope of the
representation included an investigation into why the federal prison
was holding the father in isolation; whether the father was charged
with new crimes; and whether it was legal for the federal prison to
return or withhold an inmate’s mail. Greene agreed to conduct the
investigation for a flat fee of $500 and to provide answers within a
5 few days. The client immediately paid the fee and sent a text
message to remind Greene to send her a receipt and “something
formal . . . with things clear in writing.” Greene did not send her the
requested receipt and failed to send a retainer or legal services
agreement. The day after receiving payment, Greene responded to
the client’s inquiry regarding prison mail, and after learning from
Greene that the prison’s actions regarding her father’s mail were
illegal, the client filed a complaint with the regional department of
the federal prison. At a later date, Greene notified the client that he
was not actually successful in contacting the federal prison, and she
determined that Greene had not completed any of the tasks for
which he was retained. The client then requested a full refund;
Greene advised that he did not give refunds and that he was closing
the case (although he later offered to refund her $200, which she
declined).
Based on these facts, the State Disciplinary Board found
6 probable cause to believe that Greene violated Rules 1.2 (a),1 1.3,2
1.4 (a) (3) and (4),3 1.5 (a),4 1.16 (d),5 and 3.26 of the Georgia Rules of
Professional Conduct found in Bar Rule 4-102 (d).7 The maximum
1 Rule 1.2 (a) provides that “a lawyer shall abide by a client’s decisions
concerning the scope and objectives of representation and . . . shall consult with the client as to the means by which they are to be pursued.” 2 Rule 1.3 provides that “[a] lawyer shall act with reasonable diligence
and promptness in representing a client. Reasonable diligence as used in this rule means that a lawyer shall not without just cause to the detriment of the client in effect willfully abandon or willfully disregard a legal matter entrusted to the lawyer.” 3 Rule 1.4 (a) provides that “[a] lawyer shall . . . (3) keep the client
reasonably informed about the status of the matter; [and] (4) promptly comply with reasonable requests for information[.]” 4 Rule 1.5 (a) provides that “[a] lawyer shall not make an agreement for,
charge, or collect an unreasonable fee or an unreasonable amount for expenses[.]” 5 Rule 1.16 (d) provides that “[u]pon termination of representation, a
lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee that has not been earned.” 6 Rule 3.2 provides that “[a] lawyer shall make reasonable efforts to
expedite litigation consistent with the interests of the client.” 7 The Board also found with regard to SDBD Nos. 7598 and 7627 that
Greene had “violated” Bar Rule 4-104 (a) (“[m]ental illness, cognitive impairment, alcohol abuse, or substance abuse, to the extent of impairing competency as a lawyer, shall constitute grounds for removing a lawyer from the practice of law”). However, Greene’s alleged bizarre and disruptive behavior alone does not constitute grounds for removing a lawyer from the practice of law under this Bar Rule. Compare In the Matter of Healy, 308 Ga. 658, 659-660 (842 SE2d 844) (2020) (accepting attorney’s petition to surrender his license where he sought and obtained an alcohol and drug evaluation and submitted the written results thereof to the State Bar and a health care
7 penalty for a violation of each Rule is disbarment, except Rules 1.4
(a) (3) and (4), 1.5 (a), 1.16 (d), and 3.2 where the maximum penalty
is a public reprimand.
In determining the appropriate level of discipline, the Board
appropriately considered the ABA Standards for Imposing Lawyer
Sanctions, including the existence of aggravating or mitigating
factors. See In the Matter of Morse, 265 Ga. 353, 354 (2) (456 SE2d
52) (1995), superseded by rule on other grounds as stated in In the
Matter of Cook, 311 Ga. 206, 207-208 (1) (857 SE2d 212) (2021). We
agree with the Board’s determination that the following factors
should be considered in aggravation: Greene’s prior disciplinary
history, see In the Matter of Greene, 293 Ga. 897 (750 SE2d 367)
(2013) (accepting petition for voluntary discipline and imposing 18-
month suspension based on his admitted violations of Rules 1.3, 1.4,
provider, then confirmed the findings of the earlier assessment and opined that the condition would impair his ability to practice law, and, thus, he “admitted the existence of sufficient grounds for his permanent removal from the practice of law under Bar Rule 4-104”). See also In the Matter of Briley-Holmes, 304 Ga. 199, 208 n.9 (815 SE2d 59) (2018) (noting that “[r]emoval from practice for mental incapacity [under Rule 4-104] . . . is not the same thing as a disciplinary sanction imposed for misconduct”). 8 1.15 (I), 1.15 (II), 1.16 (d), and 8.4 related to two client matters); his
pattern of misconduct; his commission of multiple offenses; his
substantial experience in the practice of law; and his obstruction of
the disciplinary proceedings in bad faith based on his failure to
respond to the Notice of Investigation and his failure to appear for a
mental health evaluation as directed by the Bar. See ABA Standards
9.22 (a), (c)-(e), (i). The Board has not identified any factors in
mitigation that are supported by the record, and we see none.8
The Board also noted that ABA Standard 4.4, which applies to
violations of Rule 1.3, provides that disbarment is generally
appropriate when a lawyer “knowingly fails to perform services for
a client and causes serious or potentially serious injury to a client”
or “engages in a pattern of neglect with respect to client matters and
8 The Board considered in mitigation that Greene provided documented
proof of a prior mental health diagnosis and “admits” that his conduct in these matters related to his underlying mental health issues, see ABA Standard 9.32 (c) (personal or emotional problems), and that it also received correspondence from Greene that included his admission to misconduct and remorse for the same. See ABA Standard 9.32 (l) (remorse). However, no such documents are in the record before us, and so we decline to consider either as a mitigating factor. See In the Matter of Cleveland, 317 Ga. 515, 518 n.14 (893 SE2d 692) (2023). 9 causes serious or potentially serious injury to a client.” ABA
Standard 4.41 (b), (c). Here, the Board concluded that Greene
knowingly violated Rule 1.3 in his representation of the three
clients, that he engaged in a pattern of neglecting client cases, and
that his misconduct caused his clients (and their family members)
economic loss, and even caused one client to experience an extended
period of incarceration.9 Thus, the Board concluded, disbarment is
the presumptive sanction for these Rule 1.3 violations. See In the
Matter of Briley-Holmes, 304 Ga. 199, 205 (815 SE2d 59) (2018) (on
special master’s report and recommendation, concluding that
disbarment was appropriate for attorney who abandoned seven
clients and violated Rules 1.3, 1.4, and 1.16). Additionally, the Board
noted that this Court frequently disbars lawyers who repeatedly
abandon their clients. See In the Matter of Ellison, 282 Ga. 647 (651
9 The reference to the extended period of incarceration appears to be a
reference to the Jones County client’s stated desire to cooperate that Greene did not convey to the prosecutor. We note that it is not entirely clear from the record to what extent the client’s period of incarceration would have been shorter had Greene been more diligent. But we nonetheless conclude that ABA Standard 4.4 applies and disbarment is appropriate here. 10 SE2d 746) (2007) (disbarring attorney on Review Panel’s report and
recommendation where attorney abandoned multiple clients); In the
Matter of Peebles, 280 Ga. 229 (626 SE2d 488) (2006) (disbarring
attorney on notices of discipline in six matters for conduct that
included abandonment of multiple clients’ legal matters).
The Board also concluded that Greene’s violations of Rules 1.2
(a), 1.5 (a), and 3.2 demonstrated a violation of his duties owed to
the legal profession and the legal system, a lack of diligence owed to
his clients, and his failure to maintain personal integrity. See ABA
Standards 4.4, 5.1, and 6.2. In sum, the Board found that Greene’s
consistent failure to attend court appearances, to notify clients of
scheduled court appearances, and his overall disregard of court
orders supported disbarment. See generally In the Matter of Lain,
311 Ga. 427 (857 SE2d 668) (2021) (on special master’s report and
recommendation, concluding that disbarment was appropriate for
multiple matters that included attorney’s failure to consult with
client, causing client to attend hearing without counsel; charging
client unreasonable fee without performing work; and causing
11 unnecessary delay by failing to communicate). Greene has not
submitted any filings in this Court as to these matters.
Having reviewed the filings in these cases, we conclude that
disbarment is the appropriate sanction for Greene’s misconduct in
these matters, which we hold violated Rules 1.2 (a), 1.3, 1.4 (a) (3)
and (4), 1.5 (a), 1.16 (d), and 3.2. Disbarment is also consistent with
the sanction imposed in similar cases. See, e.g., In the Matter of
Larson, 305 Ga. 522 (826 SE2d 99) (2019) (disbarring attorney who
abandoned multiple clients, failed to respond to notices of discipline,
and had prior disciplinary history); In the Matter of Moore, 303 Ga.
296 (811 SE2d 343) (2018) (disbarring attorney who abandoned
multiple clients and failed to respond to notice of discipline).
Accordingly, it is hereby ordered that the name of Michael Frederick
Greene be removed from the rolls of persons authorized to practice
law in the State of Georgia. Greene is reminded of his duties
pursuant to Bar Rule 4-219 (b).
Disbarred. All the Justices concur.
12 Decided December 10, 2024.
Disbarment.
Paula J. Frederick, General Counsel State Bar, Russell D.
Willard, General Counsel State Bar Designate, William D. NeSmith
III, Deputy General Counsel State Bar, Andreea N. Morrison,
Wolanda R. Shelton, Assistant General Counsel State Bar, for State
Bar of Georgia.