Matter of Mathis

705 S.E.2d 158, 288 Ga. 548, 2011 Fulton County D. Rep. 207, 2011 Ga. LEXIS 102

• Court: Supreme Court of Georgia
• Decided: February 7, 2011
• Docket: S11Y0538
• Status: Published

Opinions

Per curiam.

This disciplinary matter is before the Court on the Petition for Voluntary Discipline filed by Respondent Tony Eugene Mathis (State Bar No. 477066) in which he requests a twelve-month suspension with conditions for his admitted violation of Rules 1.3, 1.4, 1.16 and 9.3 of Bar Rule 4-102 (d) in connection with his representation of a client. The State Bar recommends acceptance of Mathis’ petition.

In his petition, Mathis, who has been a member of the State Bar of Georgia since 1997, admits that a client retained him in July 2008 with regard to an action for modification of child custody and support; that the client paid him $2,000 for the representation; that he did not file an action for modification on the client’s behalf until February 2009; that he failed to communicate with the client regarding the action, despite the client’s attempts to contact him; that he abandoned the action without just cause and caused the client to suffer worry and concern regarding the status of his case; that after the client discharged him he failed to return his client’s file and unearned fees, although the client requested that he do so; that he failed to respond to the Notice of Investigation issued with regard to this matter; and that he has been suspended as a result of that failure since March 12, 2010. While admitting that his actions violated the disciplinary rules, Mathis submits that his misbehavior stemmed from depression that had been building for years; that he has since sought counseling to deal with that depression; and that he is now better equipped to deal with the condition.

Based on the record as a whole, we agree that Respondent’s actions violated Rules 1.3, 1.4, 1.16 and 9.3. Although violation of some of those Rules may be punished by disbarment, we find in mitigation that Mathis has not previously been suspended; that he has been cooperative in these disciplinary proceedings; that his misconduct was in part the result of mental or emotional difficulties; that he has taken responsibility for his actions, and sought help for his condition; and that he is remorseful for his conduct.

Therefore, we accept Mathis’ petition and order that Mathis be suspended from the practice of law in Georgia for a period of twelve months nunc pro tunc to March 12, 2010 with his reinstatement conditioned on his proof to the State Bar of Georgia that he has repaid his client $2,000 and that he has obtained certification from the Lawyer’s Assistance Program that he is fit to return to the practice of law. Mathis is reminded of his duties under Bar Rule 4-219 (c).

Twelve-month suspension with conditions.

All the Justices concur, except Thompson and Nahmias, JJ., who dissent.