In the Matter of Neil Richard Flit

846 S.E.2d 403, 309 Ga. 440

• Court: Supreme Court of Georgia
• Decided: July 15, 2020
• Docket: S20Y0637
• Status: Published

Opinion

309 Ga. 440 FINAL COPY

S20Y0637. IN THE MATTER OF NEIL RICHARD FLIT.

PER CURIAM.

This disciplinary matter is before the Court on the report of the

special master, who recommends that the Court accept the petition

for voluntary surrender of license filed by Neil Richard Flit (State

Bar No. 091307) after the filing of a formal complaint, pursuant to

Bar Rule 4-227 (c). In his petition, Flit requested that he be allowed

to voluntarily surrender his license for his admitted violations, in

two separate matters, of Rule 1.15 (I) of the Georgia Rules of

Professional Conduct, see Bar Rule 4-102 (d), and the State Bar has

requested that Flit’s petition be granted. For the reasons that follow,

we accept the petition.

In her report and recommendation, the special master found

that, with regard to State Disciplinary Board (“SDB”) Docket No.

7215, Flit, who has been a member of the Bar since 2007, was

retained to represent a client in a personal injury claim. Flit settled the case and deposited the funds in his trust account on or about

August 2013. The client died in January 2014, but Flit did not

promptly give the administrator of the client’s estate an accounting

of the settlement proceeds or deliver to the administrator any of the

funds the estate was entitled to receive until February 2018. With

regard to SDB Docket No. 7231, the special master found that Flit

was retained to represent a separate client in a different personal

injury claim. Flit settled the case and deposited the funds in his

trust account on or about June 2016, but he did not promptly give

his client an accounting of the settlement proceeds and did not

deliver to his client the funds she was entitled to receive until

January 2019. The special master agreed with Flit that his conduct

in both cases violated Bar Rule 1.15 (I), the maximum penalty for

which is disbarment.

Noting that a surrender of license is tantamount to

disbarment, see Georgia Rule of Professional Conduct 1.0 (r), the

special master recommended that the Court accept Flit’s petition.

See In the Matter of Dabney-Froe, 302 Ga. 746 (808 SE2d 649) (2017) (accepting voluntary surrender of license where attorney failed to

disburse funds or provide accounting of funds); In the Matter of

Slade, 286 Ga. 465 (689 SE2d 315) (2010) (accepting voluntary

surrender of license where attorney admitted that he failed to

deliver funds to client or account for them).

We have reviewed the records and agree to accept Flit’s

petition for voluntary surrender of his license. Accordingly, it is

ordered that the name of Neil Richard Flit be removed from the rolls

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

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

Voluntary surrender of license accepted. All the Justices concur.

DECIDED JULY 15, 2020. Voluntary surrender of license. Warren R. Hinds, for Flit. Paula J. Frederick, General Counsel State Bar, William D. NeSmith III, Deputy General Counsel State Bar, Jenny K. Mittelman, William V. Hearnburg, Assistant General Counsel State Bar, for State Bar of Georgia.