These disciplinary matters are before the Court on Notices of Discipline seeking the disbarment of Robert Gist State Bar No. 296269. The State Bar attempted to serve Gist personally at the address listed with the State Bar, which was a post office box, but Gist did not acknowledge service of the disciplinary pleadings within 20 days of mailing. The State Bar then properly served Gist by publication, pursuant to Bar Rule 4 203.1 b 3 ii. Gist failed to file a Notice of Rejection. Therefore, he is in default, has waived his rights to an evidentiary hearing, and is subject to such discipline and further proceedings as may be determined by this Court. See Bar Rule 4 208.1 b.
The facts, as deemed admitted by virtue of Gist’s default, show that, with regard to S15Y0228, Gist administered a trust for a since deceased client, for whom he had drafted a will, but failed to communicate with or timely respond to requests from a co trustee, ceased providing statements regarding the trust in December 2007, failed to provide an accounting and other information requested by the co trustee, and wrote checks on behalf of the trust from an account that was not an attorney trust account. In an August 2013 letter sent to the co trustee’s counsel, Gist denied that he represented the since-deceased client or the trust and stated that there were no longer funds available from the trust. Gist was served by publication and mail with a Notice of Investigation, but he failed to file a timely sworn, written response, as required by Bar Rule 4 204.3. As of July 1, 2014, Gist is under an administrative suspension for his failure to pay Bar dues, and this Court suspended Gist on December 9, 2013, for failure to comply with the rules concerning mandatory legal education.
