in the Matter of Nicholas Pagano ( 2016 )

In the Supreme Court of Georgia
Decided: January 19, 2016
S16Y0126. IN THE MATTER OF NICHOLAS PAGANO.
PER CURIAM.
This disciplinary matter is before the Court on the petition for voluntary
discipline filed by Nicholas Pagano (State Bar No. 558935) prior to the issuance
of a formal complaint. Pagano seeks a Review Panel reprimand for conduct
involving the abandonment of one client’s matter and the State Bar recommends
that the Court accept Pagano’s petition.
With regard to this matter, Pagano, who has been a member of the State
Bar since 1986, admits that in 2008 a client hired him to represent her in a
personal injury action; that he filed suit on the client’s behalf in July 2008; that
although he did some initial work on the client’s case, he eventually stopped
communicating with her; that he failed to appear at two separate calendar calls
relating to the case; that at the second calendar call, the judge dismissed the
client’s case for want of prosecution; and that he did not tell the client the
dismissal resulted from his failure to appear. Pagano admits that by his actions,
he violated Rules 1.3 and 1.4 of the Georgia Rules of Professional Conduct, see
Bar Rule 4-102 (d). The maximum penalty for a violation of Rule 1.3 is
disbarment, while the maximum penalty for a violation of Rule 1.4 is a public
reprimand.
In mitigation, we note that Pagano is remorseful; that he did not act with
a dishonest or selfish motive; that he has been hampered by significant eye and
vision problems in recent years; and that he displayed a cooperative attitude
toward the disciplinary proceedings. In aggravation, we note that Pagano
received an Investigative Panel reprimand in 1992 and a Formal Letter of
Admonition in 2002 and that he admits that he had “no excuse or reason” for his
conduct in this matter.
The State Bar responded to the petition, asserting that a reprimand is the
appropriate sanction in this matter, see In the Matter of King, 289 Ga. 457 (712
SE2d 70) (2011) (Review Panel reprimand resolving one disciplinary case
arising from abandonment of a civil matter; prior Investigative Panel
reprimand); In the Matter of Shapiro, 288 Ga. 455, 704 SE2d 784 (2011)
(Review Panel reprimand resolving two disciplinary cases; prior Investigative
Panel reprimand and two Formal Letters of Admonition), and recommending
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that the Court accept the petition.
Having reviewed the record we agree that a Review Panel reprimand is an
appropriate sanction in this matter. Accordingly, the Court hereby orders that
Pagano receive a Review Panel reprimand in accordance with Bar Rules 4-102
(b) (4) and 4-220 for his admitted violations of Rules 1.3 and 1.4.
Petition for voluntary discipline accepted. Review Panel reprimand.
All the Justices concur.
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