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In the Matter of Nicholas Pagano

The Supreme Court accepted an attorney's petition for voluntary discipline and imposed a Review Panel reprimand after the attorney abandoned a client's legal matter, resulting in dismissal of the case for want of prosecution.

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This disciplinary matter is before the Court on the petition for voluntary discipline filed by Nicholas Pagano State Bar No. 558935 prior to the issuance of a formal complaint. Pagano seeks a Review Panel reprimand for conduct involving the abandonment of one client’s matter and the State Bar recommends that the Court accept Pagano’s petition.

With regard to this matter, Pagano, who has been a member of the State Bar since 1986, admits that in 2008 a client hired him to represent her in a personal injury action; that he filed suit on the client’s behalf in July 2008; that although he did some initial work on the client’s case, he eventually stopped communicating with her; that he failed to appear at two separate calendar calls relating to the case; that at the second calendar call, the judge dismissed the client’s case for want of prosecution; and that he did not tell the client the dismissal resulted from his failure to appear. Pagano admits that by his actions, he violated Rules 1.3 and 1.4 of the Georgia Rules of Professional Conduct, see Bar Rule 4-102 d. The maximum penalty for a violation of Rule 1.3 is disbarment, while the maximum penalty for a violation of Rule 1.4 is a public reprimand.

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