in the Matter of Robert T. Thompson, Jr.

296 Ga. 491FINAL COPY
S15Y0003. IN THE MATTER OF ROBERT T. THOMPSON, JR.
PER CURIAM.
This disciplinary matter is before the Court on a Notice of Discipline
seeking the disbarment of Robert T. Thompson, Jr. (State Bar No. 709750).
Thompson, who was admitted to the Bar in 1975, is currently under interim
suspension. See In the Matter of Thompson, S14Y1900 (Aug. 26, 2014); In the
Matter of Thompson, S15Y0159 (Oct. 6, 2014). Thompson provided the State
Bar’s membership department with only a post office box as his address, and so
in accordance with Bar Rule 4-203.1 (b) (3) (ii), the State Bar requested that
Thompson acknowledge service. Because Thompson never acknowledged
service, the State Bar properly served him by publication pursuant to Bar Rule
4-203.1 (b) (3) (ii). Thompson failed to file a Notice of Rejection. Therefore,
he is in default, has waived his right 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).
The facts, as deemed admitted by virtue of Thompson’s default, are that
in March 2012, a client hired Thompson to file an action on her behalf against
JP Morgan Chase Bank. The client paid Thompson a flat fee of $5,000. In
April 2012, the superior court granted a temporary restraining order against the
foreclosure of the client’s house and required the client to pay $1,000 into the
registry of the court. Thompson paid the money into the court’s registry, and
the client reimbursed him. JP Morgan removed the case to federal court, and the
client paid an additional $5,000 flat fee. Thompson then instructed the client to
pay $1,000 monthly into his trust account in order “to show good faith”; the
payments were not required by court order. The client made $15,000 in
payments to Thompson’s trust account. In February 2013, the federal district
court granted JP Morgan’s motion to dismiss. In the meantime, the client
negotiated, without Thompson’s involvement, a loan modification with JP
Morgan. Thereafter, the client asked that Thompson return her $15,000, but he
refused. In response to the grievance filed with the State Bar, Thompson
admitted that he did not keep the client’s funds in his attorney trust account and
falsely claimed that the $15,000 was payment for additional legal services.
Although Thompson acknowledged service of the Notice of Investigation and
filed a response, he failed to file the response within 30 days as required by Bar
Rule 4-204.3.
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The Investigative Panel found that by this conduct Thompson violated
Rules 1.15 (I) (a), 1.15 (II) (a), 1.16 (d), 8.4 (a) (4), and 9.3 of the Georgia Rules
of Professional Conduct found in Bar Rule 4-102 (d). The maximum sanction
for a violation of Rules 1.15 (I) (a), 1.15 (II) (a), and 8.4 (a) (4) is disbarment,
and the maximum sanction for a violation of Rules 1.16 (d) and 9.3 is a public
reprimand.
Having reviewed the record, we conclude that disbarment is the
appropriate sanction in this matter. Accordingly, it is hereby ordered that the
name of Robert T. Thompson, Jr., be removed from the rolls of persons
authorized to practice law in the State of Georgia. Thompson is reminded of his
duties pursuant to Bar Rule 4-219 (c).
Disbarred. All the Justices concur.
Decided February 2, 2015.
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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