This disciplinary matter is before the Court on the Report and Recommendation of the special master, Griffin B. Bell III, who recommends that the Court accept the petition for voluntary discipline filed by Respondent Edward R. Mashek III State Bar No. 475384 after the issuance of a Formal Complaint and that the Court impose, as requested, a Review Panel reprimand for Mashek’s admitted violation of Rules 5.3 a, 5.3 b, and 7.3 d of the Georgia Rules of Professional Conduct, see Bar Rule 4-102 d. Although the maximum sanction for a violation of any of these rules is disbarment, the State Bar indicated in response to Mashek’s petition that it believes a Review Panel reprimand would be sufficient to deter Mashek from committing any future violations and to inform the public that such violations carry disciplinary consequences.
The special master based his findings of fact on admissions made by Mashek in his petition for voluntary discipline, which shows that he has been a member of the State Bar since 2000 and has no prior disciplinary history. For approximately seven years, Mashek has run a solo practice representing personal injury litigants. He admits that medical providers have been a primary source of referrals to his firm, in that they would alert his office that a person receiving treatment or contemplating medical treatment was also seeking legal counsel. At that point someone employed by Mashek’s firm would directly contact the potential client. It was standard practice for Mashek’s firm to send a “sign up person” to meet with the patient, discuss legal representation, and get the engagement-related paperwork filled out. During the time at issue in this matter, Mashek employed several paralegals who often communicated directly with clients and potential clients. Further, Mashek’s clients and cases were tracked, in part, using a computerized case management system. Southern Healthcare Associates “SHA” was a medical provider that referred patients to various lawyers, including Mashek. SHA made these referrals because legal representation was a crucial tool in getting its bills paid. Mashek asserts that he never paid SHA or anyone else to solicit or refer clients to his firm and that he had no knowledge, prior to this matter, that SHA improperly solicited patients for these legal referrals. The State Bar has not shown otherwise.
