In the Matter of Daniel J. Saxton

The Supreme Court accepted an attorney's petition for voluntary discipline and imposed a 3-month suspension.

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This matter is before the Court on the petition for voluntary discipline filed by Daniel J. Saxton Bar No. 628075. The petition was filed before the issuance of a formal complaint, see Bar Rule 4-227 b 2, and seeks to resolve grievances filed by two clients. Saxton requests the imposition of a public reprimand, but has agreed to a sanction up to a three-month suspension. The State Bar recommends acceptance of the petition and imposition of a three month suspension.

Saxton, who became a member of the Bar in 1977, admits that as a result of the purchase of an existing law practice in December 2011 his firm assumed the representation of a client who had been a client of the predecessor firm. The client had been seeking to renegotiate the terms of her mortgage and avoid foreclosure on a home purchased for $1.6 million, but now worth $475,000. Saxton’s firm was able to suspend the foreclosure, but the firm was unable to renegotiate the mortgage terms. During his firm’s representation, communications with the lender and the client were conducted by non-lawyer employees of the firm. In April 2012 the client terminated the attorney-client relationship. Saxton sent the client a partial refund of $1,500, along with a “Liability Waiver and Release of Claims,” but Saxton did not advise the client in writing that independent representation was appropriate in connection with the release. The client returned the $1,500 check, demanded a full refund of $4,500, and ultimately obtained a judgment against Saxton’s firm for $2,250, which has been paid. Saxton admits that by this conduct he violated Rules 1.8 h and 5.3 a of the Georgia Rules of Professional Conduct found in Bar Rule 4-102 d. The maximum sanction for a violation of Rule 1.8 h is a public reprimand and for a violation of Rule 5.3 a is disbarment.

In the Matter of Daniel J. Saxton

The Supreme Court accepted an attorney's petition for voluntary discipline and imposed a 3-month suspension.

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