These disciplinary matters are before the Court on the Report and Recommendation of the Special Master, John L. Strauss, who accepted the Amendment to Fourth Amended Petition for Voluntary Discipline filed by Respondent Ricardo L. Polk. In the petition, Polk requested that the Court impose a two-year suspension, with conditions, for his admitted violations of Rules 1.3 lawyer shall act with reasonable diligence and promptness in representing a client and shall not wilfully abandon or disregard a legal matter entrusted to him; 1.4 lawyer shall keep the client reasonably informed about the status of matters and shall promptly comply with reasonable requests for information; and 1.16 a lawyer shall not represent a client, or where representation has commenced, shall withdraw from the representation if the representation will result in violation of the Georgia Rules of Professional Conduct or other law, or if a lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client, c upon withdrawal of representation lawyer shall comply with applicable law and rules and d upon termination of representation, lawyer shall take reasonable steps to protect a client’s interests 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, and the maximum penalty for a violation of Rules 1.4 and 1.16 is a public reprimand.
In SDB No. 5978, Schneider, who lives in Florida, hired Polk in 2009 in connection with a speeding ticket she received in Georgia, and paid him $300. Polk did not appear at a scheduled hearing and left a message for Schneider that he would have the hearing re-scheduled. He did not tell Schneider that the court accepted her plea agreement and did not tell her she must pay a certain sum by a certain date. Schneider tried, but was unable to reach Polk by telephone. The clerk of the court notified Schneider that she owed a fee or her license would be suspended. Schneider was unable to reach Polk to discuss the notice. Schneider filed a grievance against Polk, and many months later he sent her a letter of apology that included a check for $100. Polk stated at the evidentiary hearing that he would have contacted Schneider had he not been arrested for an unrelated allegation and remained in jail for two months for failure to pay child support. Polk admits this conduct violated Rules 1.3 and 1.4.
