In the Matter of Earnest Redwine ( 2021 )

In the Supreme Court of Georgia
Decided: April 5, 2021
S21Y0684. IN THE MATTER OF EARNEST REDWINE.
PER CURIAM.
This matter is before the Court on the report and
recommendation of Special Master Patrick Head, recommending
that the Court accept the petition for voluntary surrender of license
filed by Earnest Redwine (State Bar No. 597610).
In July 2020, the Bar filed a Formal Complaint, alleging that
Redwine had violated several provisions of the Georgia Rules of
Professional Conduct in connection with his neglect of a client in a
personal injury matter that resulted in the client’s lawsuit being
dismissed with prejudice. Redwine did not file an answer to the
Formal Complaint; instead, in November 2020, he filed a petition for
voluntary surrender, admitting the essential allegations of the
Formal Complaint. The State Bar recommended that the petition
be accepted.
Redwine has been a member of the Bar since 1992. The facts,
as found by the Special Master and as admitted by Redwine, show
the following. In December 2016, Redwine was retained to represent
a client in pursuing a personal injury claim. Redwine falsely told
his client that he was performing work on the matter, and although
he filed an action the day before the statute of limitation was to
expire, he failed to serve the defendant. After Redwine failed to
appear at a calendar call, the defendant filed a motion to dismiss for
lack of service. The trial court granted the defendant’s motion and
dismissed the action with prejudice. Redwine failed to inform his
client about the dismissal, and when she learned about it, she filed
a grievance. Redwine did not respond to the grievance or to the
ensuing Notice of Investigation.
The Special Master determined that by this conduct, Redwine
violated Rules 1.2 (a), 1.3, 1.4 (a), 3.2, 8.4 (a) (4), and 9.3 of the
Georgia Rules of Professional Conduct found in Bar Rule 4-102 (d).
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The maximum sanction for a violation of Rules 1.2 (a), 1.3, and 8.4
is disbarment, and the maximum sanction for a violation of Rules
1.4 (a), 3.2, and 9.3 is a public reprimand.
The Special Master considered the ABA Standards for
Imposing Lawyer Sanctions (1992), see In the Matter of Morse, 266
Ga. 652, 653 (470 SE2d 232) (1996), and we agree that the following
aggravating circumstances are present: dishonest motive and
substantial experience in the practice of law. See ABA Standard
9.22 (b), (i). We also agree that the only mitigating circumstance
present is the lack of a prior disciplinary record, see ABA Standard
9.32 (a), although we note that Redwine is currently under an
administrative suspension. Further, in recommending that the
Court accept the petition for voluntary surrender, the Special
Master noted disciplinary cases in which similar violations have
resulted in disbarment. See In the Matter of Bennett, 307 Ga. 679(837 SE2d 298) (2019); In the Matter of Thompson, 306 Ga. 618 (832
SE2d 334) (2019); In the Matter of Annis, 306 Ga. 187 (829 SE2d
346) (2019); In the Matter of Jennings, 305 Ga. 133 (823 SE2d 811)
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(2019); In the Matter of Garcia, 303 Ga. 537 (813 SE2d 591) (2018);
In the Matter of Watkins, 302 Ga. 226 (805 SE2d 816) (2017).
Having reviewed the record, we agree with the Special
Master’s recommendation and accept Redwine’s petition for
voluntary surrender of his license, which is tantamount to
disbarment. See Bar Rule 1.0 (r). Accordingly, it is hereby ordered
that the name of Earnest Redwine be removed from the rolls of
persons authorized to practice law in the State of Georgia. Redwine
is reminded of his duties pursuant to Bar Rule 4-219 (b).
Voluntary surrender of license accepted. All the Justices concur.
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