DocketNumber: S19Y0608
Filed Date: 7/1/2019
Status: Precedential
Modified Date: 10/19/2024
*735This disciplinary matter is before the court for a second time. See In the Matter of Davis ,
The facts, as found by the special master and supported by the record, show that the improper notarization arose out of Davis's representation of a client in its 2009 purchase of real estate jointly owned by a husband and wife. Davis knew the couple and previously had represented them in real estate transactions. For the 2009 transaction, Davis prepared the Warranty Deed and Owners' Affidavit in the couple's names as grantors. At closing, Davis notarized the signatures of both the husband and wife on the Warranty Deed and Owners' Affidavit; the wife was not present, but the husband was. It later became apparent (in the couple's 2012 divorce proceedings) that the wife had not signed either document. Davis admitted that he failed to take any independent steps to verify that the wife had signed the documents and that he relied on the husband's representations. Although it is not known who signed the wife's name, there is no evidence in the record that Davis forged her signature. When the wife learned of the sale for the first time in divorce proceedings, she retained counsel, and filed a quiet title action against Davis's client that had purchased the property. She ultimately entered into a settlement agreement with Davis's client in which she ratified the sale and dismissed all claims to the property, but did not receive any compensation.
As the special master correctly concluded, these facts support a finding of violations of Rule 8.4 (a) (4) and Rule 4.1 (a) of the Georgia Rules of Professional Conduct found in Bar Rule 4-102 (d). See, e.g., In the Matter of Cherry ,
The trust account violation arose out of a $15,000 loan Davis obtained from a former client in 2011. In 2012, Davis obtained a loan from a third party to repay the loan from the former client with interest. Davis deposited the proceeds from the third party into his trust account, thus mingling personal and trust funds. Davis then repaid the former client with a check drawn on the trust account for the amount he had just deposited, thus using the trust account for personal use.
The special master found that the improper use of the trust account was negligent, but unintentional, noting that Davis maintained his trust account at the same bank as his personal account. These facts support the conclusion that Davis's conduct constitutes a violation of Rules 1.15 (I) (a) and 1.15 (II) (b). See In the Matter of Howard ,
With regard to the appropriate mitigating and aggravating factors to consider, we look, as is our custom, to the American Bar Association Standards for Imposing Lawyer Sanctions (1992). See In the Matter of Morse ,
Considering the facts and the mitigating and aggravating factors, we conclude that a public reprimand is the appropriate sanction in this case and is consistent with discipline imposed in prior, similar cases. See In the Matter of West ,
Accordingly, the Court orders that Edward Neal Davis be administered a public reprimand in open court pursuant to Bar Rules 4-102 (b) (3) and 4-220 (c) for his violations of Rules 1.15 (I) (a), 1.15 (II) (b), 4.1, and 8.4 (a) (4).
Public reprimand.
All the Justices concur.