in the Matter of Wayne Peter Merisotis ( 2015 )

297 Ga. 471FINAL COPY
S14Y1306, S14Y1307. IN THE MATTER OF WAYNE PETER
MERISOTIS (two cases).
PER CURIAM.
This disciplinary matter is before the Court on Notices of Discipline
seeking the disbarment of Wayne Peter Merisotis (State Bar No. 502510). The
State Bar attempted to serve Merisotis personally at the address listed with the
State Bar, but the sheriff filed a return of service non est inventus. The State Bar
then properly served Merisotis by publication pursuant to Bar Rule 4-203.1 (b)
(3) (ii); however, Merisotis failed to file Notices of Rejection. Therefore, he is
in default, has waived his rights 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). This Court previously entered orders of suspension for
Merisotis’s failure to respond to the Notices of Investigation. See In the Matter
of Merisotis, S14Y0547, S14Y0548 (Jan. 3, 2014).
The facts, as deemed admitted by virtue of Merisotis’s default, show that
Merisotis, who was admitted to the Bar in 1993, was retained in 2012 by two
clients to represent them in separate criminal matters. In the course of both
representations, Merisotis provided untruthful and misleading information to the
clients regarding the representation that he would provide. He also failed to act
with reasonable diligence and promptness, to reasonably consult with his clients,
to inform his clients of the status of their cases, to comply with the clients’
reasonable requests for information, to withdraw from the representations, and
to respond to either Notice of Investigation. Additionally, Merisotis failed to
appear at hearings in one client’s case, and although he did respond to the Office
of General Counsel during its informal investigation into one client’s grievance,
he provided untruthful and misleading information regarding the amount of his
communications with that client. Finally, Merisotis failed to file sworn, written
responses to the Notices of Investigation as required by Bar Rule 4-204.3.
Based on these facts, the Investigative Panel found probable cause to
believe that Merisotis violated Rules 1.3, 1.4, and 9.3, of the Georgia Rules of
Professional Conduct found in Bar Rule 4-102 (d). Additionally, it found
probable cause to believe that he violated Rules 1.16 and 8.4, and we agree that
the record supports a finding that his conduct violates Rules 1.16 (a) (1) and 8.4
(a) (4). The maximum sanction for a violation of Rules 1.3 and 8.4 is
disbarment, and the maximum sanction for a violation of Rules 1.4, 1.16, and
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9.3 is a public reprimand.
In each case, the Investigative Panel considered as an aggravating factor
that the existence of the other disciplinary matter showed multiple offenses and
a pattern of misconduct. Although the Investigative Panel also considered
Merisotis’s failure to respond to the Notices of Investigation as an aggravating
factor, we deem it inappropriate to consider this factor as an aggravating factor
where Merisotis has been charged with a violation of Rule 9.3 for that same
failure. Nevertheless, having reviewed the record, we conclude that disbarment
is the appropriate sanction in these matters.
Accordingly, it is hereby ordered that the name of Wayne Peter Merisotis
be removed from the rolls of persons authorized to practice law in the State of
Georgia. Merisotis is reminded of his duties pursuant to Bar Rule 4-219 (c).
Disbarred. All the Justices concur.
Decided July 6, 2015.
Disbarment.
Paula J. Frederick, General Counsel State Bar, Rebecca A. Hall, Assistant
General Counsel State Bar, for State Bar of Georgia.
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