This disciplinary matter is before the Court on the Petition for Voluntary Discipline filed by Respondent Robert B. Eddleman State Bar No. 142230 seeking either a Review Panel reprimand or a public reprimand for his admitted violations of Rules 1.7 and 5.3 of the Georgia Rules of Professional Conduct, see Bar Rule 4-102 d. A violation of either rule may be punished by disbarment. The State Bar filed a response recommending that the Court accept the petition and impose a reprimand.
The facts show that Eddleman represented his secretary’s now-ex-husband in several credit card collection cases and did not charge a fee due to the client’s financial circumstances. Later, Eddleman insisted on being paid but could not agree with the client, so he considered himself discharged. He did not obtain an order allowing withdrawal in at least one of the cases, however, until February 2013. Thus, Eddleman was attorney of record in October 2012 when he represented his secretary in a divorce in which the parties’ financial interests necessarily were in conflict and relevant to the divorce action. He did not obtain written informed consent to the divorce representation from his secretary or her now ex-husband. In addition, Eddleman admits that he had a personal, intimate relationship with his secretary, now his wife, while the divorce action was pending, even though he was aware of this Court’s repeated admonitions against lawyers entering into extramarital relationships with clients, and admits he should not have ignored those admonitions. Eddleman admits that this conduct violated Rule 1.7. He further admits that during the course of his original representation of his former client, there were documents material to the case that appeared to bear the client’s signature; however, after the Bar grievance was filed, Eddleman’s secretary stated that she had signed the documents with her now-ex-husband’s permission the ex-husband disputes that statement, and one of the documents was a release of liability in favor of Eddleman. Eddleman admits that this indicates he did not adequately train and supervise his nonlawyer staff and that he thus violated Rule 5.3. In mitigation of discipline, Eddleman states that he had no dishonest or selfish motive in that he did not charge either the now-ex-husband or his secretary for his services, and that his intimate relationship with his secretary did not begin until after her divorce was filed; that he suffered personal and emotional problems related to the failure of his own marriage, and was using prescription pain medication for back pain that may have caused him not to think clearly he no longer takes the medication; that he gave full and free disclosure and cooperated with these proceedings; and that he is sincerely remorseful.
