in the Matter of Sharla Monique Gorman ( 2014 )

FINAL COPY
294 Ga. 725
S14Y0653. IN THE MATTER OF SHARLA MONIQUE GORMAN.
PER CURIAM.
This disciplinary proceeding is before the Court on the Report of the
Special Master, Linnie L. Darden III, who recommends that Respondent Sharla
Monique Gorman (State Bar No. 149925) be disbarred for her violations of Rules
1.3, 1.4, 1.15 (I) (b), 1.15 (II) (b), 8.4 (a) (4) and 9.3 of the Georgia Rules of
Professional Conduct, see Bar Rule 4-102 (d). The State Bar served Gorman with
a Formal Complaint, but she did not respond; accordingly, an order of default
was entered against her and the facts alleged and violations charged are deemed
admitted, see Bar Rule 4-212 (a).
As deemed admitted, the facts show that Gorman represented a client and
her daughter in an automobile accident case. The case settled, and Gorman
received two checks totaling $5,000 from the insurance company in March 2012.
Gorman sent her client release forms and the checks with instructions to deposit
the checks into an account number, which was Gorman’s personal or business
account, but not her attorney trust account. Gorman was supposed to pay the
medical providers out of those funds, but she did not do so, nor did she pay her
client the client’s share of the settlement funds. The client attempted
unsuccessfully to contact Gorman, but Gorman never responded, and the medical
providers began contacting the client for payment, so she filed a grievance
against Gorman with the State Bar. Gorman acknowledged service of the notice
of investigation but did not file a timely response. In her untimely response
Gorman stated that she failed to make a proper accounting of the funds, which
actions were inexcusable, and she offered to repay her client on a monthly basis.
Gorman did not make those payments, however, or account to her client for the
funds. Gorman’s bank records show that she commingled the funds with her
personal funds and used them to pay personal expenses or bills. In January 2013
the client filed suit against Gorman in magistrate court demanding payment of
her settlement funds. By consent order, Gorman agreed to pay $6,850 in monthly
installments beginning in May 2013. As of the date of the Formal Complaint
Gorman had made three payments, but was late in doing so and thus did not
comply with the terms of the consent order.
The special master concluded that Gorman violated Rule 1.3 by not
properly disbursing the settlement funds, Rule 1.4 by not responding to her
client’s attempts to contact her, Rule 1.15 (I) (b) by not promptly delivering the
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funds to her client or the medical providers, Rule 1.15 (II) (b) by withdrawing
the settlement funds for her personal use, Rule 8.4 (a) (4) by stealing the funds
intended for her client and the medical providers, and Rule 9.3 by not timely
responding to the notice of investigation. He found no mitigating factors, and in
aggravation of discipline, noted Gorman’s selfish or dishonest motive, multiple
offenses and indifference to making restitution.
We have reviewed the record and considered the aggravating factors, and
we agree with the special master that because Gorman knowingly converted
client property and caused injury or potential injury to her client, disbarment is
the appropriate punishment in this matter. Accordingly, the name of Sharla
Monique Gorman hereby is removed from the rolls of attorneys authorized to
practice law in the State of Georgia. She is reminded of her duties under Bar Rule
4-219 (c).
Disbarred. All the Justices concur.
Decided March 3, 2014.
Disbarment.
Paula J. Frederick, General Counsel State Bar, Jonathan W. Hewett,
Assistant General Counsel State Bar, for State Bar of Georgia.
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