In THE MATTER OF JOSEPH HAROLD TURNER, JR. (Two Cases)

In the Supreme Court of Georgia
Decided: April 5, 2021
S20Y0947, S20Y0948. IN THE MATTER OF JOSEPH
HAROLD TURNER, JR. (two cases).
PER CURIAM.
These disciplinary matters are before this Court on two notices
of discipline, both of which seek the disbarment of Joseph Harold
Turner, Jr. (State Bar No. 719482), who has been a member of the
Bar since 1997. The State Bar attempted to serve Turner by mail at
the address listed with the Bar, and subsequently at the same
address personally, but the sheriff filed a return of service non est
inventus. The State Bar then properly served Turner by publication,
pursuant to Bar Rule 4-203.1 (b) (3) (ii). Turner 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 as may be
determined by this Court. See Bar Rule 4-208.1 (b).
In Case No. S20Y0947, as deemed admitted, the facts show
that Turner was hired by a client in a civil matter, he subsequently
settled the claim, and the client executed a release. A check for the
settlement funds was issued and deposited by Turner. However,
Turner did not disburse the funds to the client or respond to her
subsequent requests for information or to those from the Bar’s Office
of the General Counsel. Based on this conduct, the Bar concluded
that Turner violated the following Georgia Rules of Professional
Conduct found in Bar Rule 4-102 (d): Rule 1.3, when he failed to act
with reasonable diligence and promptness in disbursing the client’s
settlement funds; Rule 1.4 (a), when he failed to respond to the
client’s inquiries about her settlement funds and his failure to
disburse the funds; Rule 1.15 (I) (c), when he failed to promptly
deliver the client’s settlement funds; Rule 8.4 (a) (4), when he
wrongfully retained the settlement funds; and Rule 9.3, when he
failed to respond to the Office of the General Counsel and the State
Disciplinary Board. The maximum sanction for a violation of Rules
1.3, 1.15 (I) (c), and 8.4 (a) (4) is disbarment; the maximum sanction
for a violation of Rules 1.4 and 9.3 is a public reprimand. Although
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the Bar notes that Turner has no prior disciplinary history, it cites
no other factors in mitigation of discipline, and it notes in
aggravation of discipline that Turner had a dishonest or selfish
motive and has considerable experience in the practice of law.
In Case No. S20Y0948, as deemed admitted, the facts show
that the State Bar received notice from Wells Fargo Bank regarding
a withdrawal that caused Turner’s attorney trust account to
overdraw. Turner failed to respond to inquiries concerning the
overdraft from the Bar’s Overdraft Notification Coordinator or to the
Bar’s notice of investigation. Based on this conduct, the Bar
concluded that Turner violated Rule 1.15 (I) (a), when he failed to
maintain complete records for his trust account; Rule 1.15 (II) (b),
when he withdrew funds from his trust account for his personal use,
failed to maintain sufficient funds in his trust account to cover
maintenance fees, and failed to keep records to reflect at all times
the exact balance held for each client or third person; Rule 1.15 (III)
(b) (1), when he failed to properly designate his trust account; Rule
1.15 (III) (e), when he failed to respond to the Notice of Investigation
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and failed to produce information and records at the request of the
State Disciplinary Board; and Rule 9.3, when he failed to respond to
the Overdraft Notification Coordinator and the State Disciplinary
Board. The maximum sanction for a violation of Rules 1.15 (I) (a),
1.15 (II) (b), 1.15 (III) (b) (1), and 1.15 (III) (e) is disbarment; the
maximum sanction for a violation of Rule 9.3 is a public reprimand.
The Bar notes the same factors in aggravation as it did in Case No.
S20Y0947.
Having considered the record, we agree that disbarment is the
appropriate sanction in this matter. See In the Matter of Berry, 310
Ga. 158, 159 (848 SE2d 71) (2020) (disbarring an attorney who
violated Rules 1.2 (a), 1.3, 1.4 (a), 1.5 (b), 1.5 (c) (2), 1.15 (I) (a), 1.15
(I) (b), and 8.4 (a) (4), where the attorney failed to maintain records
related to funds that he received for the benefit of his client in
connection with the settlement of her personal injury claim and
misappropriated the funds that he was supposed to remit to a
provider on her behalf); In the Matter of Rambeau, 302 Ga. 367, 369
(806 SE2d 572) (2017) (disbarring attorney who violated Rules 1.3,
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1.4, 1.15 (I) (b), 1.15 (II) (b), 8.4 (a) (4), and 9.3, where the bank at
which the attorney maintained his trust account twice notified the
Bar that checks written by the attorney were not paid because his
account had insufficient funds to pay the checks and the attorney
failed to respond to the Bar’s Overdraft Coordinator’s request for an
explanation, the Investigative Panel’s notice of grievance, or the
Bar’s notice of investigation); In the Matter of Gorman, 294 Ga. 726,
727 (755 SE2d 746) (2014) (disbarring an attorney who violated
Rules 1.3, 1.4, 1.15 (I) (b), 1.15 (II) (b), 8.4 (a) (4), and 9.3, where the
attorney received settlement checks related to her client’s personal
injury case, deposited the checks into her personal account, and did
not pay her client the client’s share of settlement funds).
Accordingly, it is hereby ordered that the name of Joseph Harold
Turner, Jr., be removed from the rolls of persons authorized to
practice law in the State of Georgia. Turner is reminded of his duties
pursuant to Bar Rule 4-219 (b).
Disbarred. All the Justices concur.
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