In the Matter of Thomas J. Ford III

This disciplinary matter is before the Court on the petition for voluntary discipline filed by Respondent Thomas J. Ford III State Bar No. 268235, pursuant to Bar Rule 4 227 b 2, in which he seeks to resolve a pending disciplinary matter involving his representation of a client in a murder case. In his petition, Ford admits that his conduct in that case violated Rules 1.4 and 1.16 a of the Georgia Rules of Professional Conduct, see Bar Rule 4 102 d. The maximum sanction for a violation of Rules 1.4 and 1.16 is a public reprimand.

Ford, who has been a member of the Bar since 1996, acknowledges that his representation was ineffective in a case in which he represented a woman where she and her daughter were both charged with murder. The woman and her daughter had retained a lawyer to represent them, but, after they had paid the lawyer’s fee, the lawyer was removed because of a conflict. The retained lawyer did not return the fee, however, resulting in Ford taking the woman’s case for a reduced fee and with no money for experts. Although the need for a forensic pathologist was clear to Ford, he relied on the daughter’s court-appointed counsel to obtain the services of one. Ford admits that, when it became clear that an expert had not been retained, he should have consulted with his client regarding the impact on her case and moved for a continuance so that a forensic pathologist could be retained. Ford states that he therefore was not prepared for trial, which resulted in the jury returning a guilty verdict against his client—although her motion for new trial, presented by new counsel, has been granted.