In THE MATTER OF NEIL LARSON (Four Cases)

305 Ga. 522

• Court: Supreme Court of Georgia
• Decided: March 11, 2019
• Docket: S19Y0337, S19Y0340
• Status: Published

Opinion

305 Ga. 522 FINAL COPY

S19Y0337, S19Y0338, S19Y0339, S19Y0340. IN THE MATTER OF NEIL LARSON (four cases).

PER CURIAM.

These disciplinary matters are before the Court on four Notices of

Discipline seeking the disbarment of Neil Larson (State Bar No. 438468), based

on grievances alleging that he abandoned various clients. The State Bar served

Larson with each Notice of Discipline by publication, but he failed to file any

Notices of Rejection. Therefore, he is in default, has waived his right to

evidentiary hearings, and is subject to such discipline and further proceedings

as may be determined by this Court. See Bar Rule 4-208.1 (b). Larson is

currently under interim suspension based on his failure to respond to a Notice

of Investigation. See In the Matter of Larson, S19Y0168 (Sept. 19, 2018).

The facts, as deemed admitted by virtue of Larson’s default, show that in

three separate cases Larson agreed to represent clients in criminal matters; that

those clients paid Larson in advance for the representation; that Larson

nevertheless failed to consult with the clients concerning the scope of the representation; that he failed to pursue the clients’ matters diligently; that he

failed to communicate with the clients; that he waived one client’s rights without

authorization; that he failed to respond to inquiries from his clients; that he

failed to appear at scheduled hearings; and that he ultimately failed to refund

unearned fees. Moreover, in one case, he made misrepresentations to the client’s

family about the status of the matter. With regard to the fourth case, it appears

that, although Larson took on the representation of a client in a case in State

Court, he failed to appear at hearings; failed to communicate with his client; and

failed to respond to inquiries or notices from the court. In all four of the above

matters, it appears that Larson abandoned his clients’ cases to the detriment of

those clients. And, although Larson was served by publication with the Notice

of Investigation in each of these cases, he failed to submit a sworn response as

required by Bar Rule 4-204.3.

Based on these facts, the Investigative Panel found probable cause to

believe that Larson violated Rules 1.2 (a), 1.3, 1.4, 1.16 (d), 3.2, 8.4 (a) (4), 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 (a), 1.3, and 8.4 (a) (4) is

disbarment, and the maximum sanction for a violation of Rules 1.4, 1.16 (d),

2 3.2, and 9.3 is a public reprimand. In each case, the Bar sought disbarment as the

appropriate discipline, citing in aggravation that Larson acted dishonestly in

collecting a fee and abandoning his clients’ cases; that he violated multiple rules

of professional conduct; that he has multiple disciplinary actions currently

pending against him, which shows a pattern of neglect; and that he has

substantial experience in the practice of law, having been admitted to the Bar in

2000. Additionally, the Bar noted that Larson has prior disciplinary history, as

he received an Investigative Panel Reprimand in January 2007, for violating

Rules 1.15 (I), 1.15 (II), 4.1, and 8.4 (a) (4). The Bar cited no factors in

mitigation of discipline.

Having reviewed the record, we conclude that disbarment is the

appropriate sanction in this matter. See In the Matter of Moore, 303 Ga. 296

(811 SE2d 343) (2018) (disbarring attorney with no disciplinary history, who

abandoned multiple clients and failed to respond in disciplinary proceedings);

In the Matter of Levy, 284 Ga. 281 (664 SE2d 195) (2008) (same). Accordingly,

it is hereby ordered that the name of Neil Larson be removed from the rolls of

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

3 of his duties pursuant to Bar Rule 4-219 (b).

Disbarred. All the Justices concur.

4 Decided March 11, 2019.

Disbarment.

Paula J. Frederick, General Counsel State Bar, Jenny K. Mittelman,

Assistant General Counsel State Bar, for State Bar of Georgia.