In the Matter of Scott D. Bennett

307 Ga. 679

• Court: Supreme Court of Georgia
• Decided: December 23, 2019
• Docket: S19Y0831
• Status: Published

Opinion

307 Ga. 679 FINAL COPY

S19Y0831. IN THE MATTER OF SCOTT D. BENNETT.

PER CURIAM.

This disciplinary matter is before the Court on a Notice of

Discipline seeking the disbarment of Scott D. Bennett (State Bar No.

050607), who was admitted to the Bar in 2001. After acknowledging

service of the Notice of Discipline, Bennett filed a perfunctory, one-

sentence Notice of Rejection, which fails to respond specifically to

any of the allegations in either the Notice of Discipline or the Notice

of Investigation on which it was based. Further, his Notice of

Rejection failed to include a sworn response to the Notice of

Investigation; therefore, Bennett’s Notice of Rejection is not valid,

see Bar Rule 4-208.3 (b). Accordingly, Bennett is in default, has

waived his 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 Bennett’s default, are as

follows. Bennett was hired to represent a client, who had been sued

in connection with a lease dispute. In February 2016, the parties

negotiated a settlement, whereupon the client sent Bennett an

$8,000 check to forward to the plaintiff upon execution of the

settlement documents. After depositing the check and sending draft

settlement documents to plaintiff’s counsel, Bennett abandoned the

matter, failing to respond to opposing counsel’s proposed revisions

to the settlement documents and other inquiries, failing to forward

the settlement funds, and failing to return the client’s phone calls or

otherwise communicate with him regarding the matter. Ultimately,

the plaintiff filed a motion to enforce the settlement; Bennett failed

to appear for the hearing and, when contacted by the court, advised

that the client did not oppose it; and the trial court granted the

motion, ordering the client to pay the agreed-upon $8,000 in

settlement of the case, plus $2,500 in attorney fees for bad faith in

failing to conclude the settlement. Bennett failed to notify the client

of the order, and, when the client thus failed to comply, the court

2 entered judgment against the client in the amount of $10,500.

Bennett has since failed to communicate with the client or respond

to inquiries from the client’s new counsel, and he has failed to return

the $8,000. As noted above, Bennett has also failed altogether to

respond to the Notice of Investigation and failed to file a valid

response to the Notice of Discipline.

Based on these facts, the State Disciplinary Board found

probable cause to believe that Bennett’s conduct violated Rules 1.2,

1.3, 1.4, 1.15 (I), 3.2, and 8.4 (a) (4) of the Georgia Rules of

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

penalty for a violation of Rule 1.2, 1.3, 1.15 (I), or 8.4 (a) (4) is

disbarment; the maximum penalty for a violation of Rule 1.4 or 3.2

is a public reprimand. In aggravation of discipline, the State Bar

notes that Bennett acted with a dishonest or selfish motive; failed to

respond to the Notice of Investigation; and has significant

experience in the practice of law. The only mitigating factor cited is

Bennett’s lack of prior disciplinary history.

3 Having reviewed the record, we conclude that disbarment is

the appropriate sanction in this matter. See, e.g., In the Matter of

Mays, 303 Ga. 152 (810 SE2d 478) (2018) (disbarment warranted for

abandoning client and failing to refund unearned retainer where

attorney had substantial experience in practice of law and failed to

respond adequately to disciplinary authorities); In the Matter of

Miller, 302 Ga. 366 (806 SE2d 596) (2017) (disbarment warranted

for abandoning client where attorney had substantial experience in

practice of law and failed to respond to disciplinary authorities); In

the Matter of Ali, 283 Ga. 225 (658 SE2d 115) (2008) (disbarment

warranted for abandoning client and failing to respond to

disciplinary authorities). Accordingly, it is hereby ordered that the

name of Scott D. Bennett be removed from the rolls of persons

authorized to practice law in the State of Georgia. Bennett is

reminded of his duties pursuant to Bar Rule 4-219 (b).1

Disbarred. All the Justices concur.

1 Former Bar Rule 4-219 (c).

4 DECIDED DECEMBER 23, 2019 -- RECONSIDERATION DENIED JANUARY 27, 2020. Disbarment. Paula J. Frederick, General Counsel State Bar, William D. NeSmith III, Deputy General Counsel State Bar, Jenny K. Mittelman, Andreea N. Morrison, Assistant General Counsel State Bar, for State Bar of Georgia.