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In the Matter of William C. Lea

A divided Supreme Court imposed a 3-year suspension on an attorney for his misconduct in two clients' legal matters.

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This disciplinary matter is before the Court on the Report and Recommendation of the special master, John M. Hyatt, who recommends that Respondent William Charles Lea State Bar No. 442006 be suspended for a period of six months, with conditions on reinstatement, for his violations of Rules 1.3, 1.4, 1.5, 1.16 d, and 3.2 of the Georgia Rules of Professional Conduct, see Bar Rule 4-102 d. A violation of Rule 1.3 may be punished by disbarment and the maximum punishment for the remainder of the rules is a public reprimand.

The State Bar filed a Formal Complaint against Lea encompassing two separate client complaints. Lea, who was admitted to the State Bar in 2001, acknowledged service on November 20, 2012, but since he failed to timely answer the complaint the special master found him in default. Accordingly, the facts alleged and violations charged in the complaint are deemed admitted, see Bar Rule 4-212 a. As deemed admitted, the facts show that, with regard to State Disciplinary Board “SDB” Docket No. 6336, Lea was retained in October 2010 to give a client an opinion on the merits of a possible habeas corpus proceeding. After Lea determined that it would be meritorious, the client’s family paid Lea $7,000 as fees plus $150 in filing costs to proceed with the matter, but Lea never filed the petition, and since March 2011 has not visited or corresponded with his client or returned the phone calls from the client’s family. In October 2011 the client discharged Lea and hired new counsel, but Lea has not returned any of the fee paid by the client, little if any of which he earned.

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