in the Matter of Benjamin Scott Anderson ( 2014 )

FINAL COPY
294 Ga. 615S14Y0330. IN THE MATTER OF BENJAMIN SCOTT ANDERSON.
PER CURIAM.
This disciplinary matter is before the Court on the petition for voluntary
discipline filed by Benjamin Scott Anderson (State Bar No. 417095); the
petition addresses grievances filed by three clients. Anderson seeks the
imposition of an indefinite suspension of no less than six months, with
conditions for reinstatement.
Anderson, who was admitted to the Bar in 2008, is currently under
suspension for non-payment of dues. With regard to the three matters,
Anderson admits that he accepted representation of three separate clients, but
failed to complete the matters for which he was retained. He failed to fully
communicate with his clients when he ceased working on their matters and
failed to timely refund unearned fees. He also made an agreement with one
client to refund fees if the client refrained from filing a grievance, but he has
now agreed to refund all unearned fees without condition. He admits that by
this conduct he has violated Rules 1.3, 1.4, 1.16 (d), and 9.2 of the Georgia
Rules of Professional Conduct found in Bar Rule 4-102 (d). A violation of
Rules 1.3 and 9.2 is punishable by disbarment; a violation of Rules 1.4 and 1.16
(d) is punishable by a public reprimand.
He offers in mitigation the following: he has no prior disciplinary history;
during the time he was representing these clients he was struggling with alcohol
addiction, but that he has begun a treatment program; he has expressed remorse
personally to his clients; he has agreed to refund all unearned fees; and he has
been cooperative in the disciplinary process. He requests an indefinite
suspension of no less than six months, with reinstatement conditioned on his
providing a report from a licensed therapist or physician that he has maintained
compliance with his treatment plan, along with documentation of his
participation in SMART Recovery, an addiction recovery support group, and
documentation of restitution to his clients as set forth in his petition for
voluntary discipline.
The State Bar believes that the discipline requested and the conditions for
reinstatement are appropriate.
Having considered the petition and response, we have determined that the
appropriate sanction is a suspension of 12 months, with the conditions for
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reinstatement set forth above. Anderson is reminded of his duties pursuant to
Bar Rule 4-219 (c).
At the conclusion of the suspension imposed in this matter, if Anderson
wishes to seek reinstatement, he must offer proof to the State Bar’s Office of
General Counsel that he has complied with the conditions for reinstatement
imposed in connection with the 12-month suspension. If the State Bar agrees
that the conditions have been met, it will submit a notice of compliance to this
Court, and this Court will issue an order granting or denying reinstatement.
Twelve-month suspension with conditions. All the Justices concur.
Decided February 24, 2014.
Suspension.
Paula J. Frederick, General Counsel State Bar, A. M. Christina Petrig,
Assistant General Counsel State Bar, for State Bar of Georgia.
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