In re Shaw

An attorney submitted fictitious invoices to clients for investigative services and title work, which he himself performed, and pocket funds in excess of $493K over a 4-year period.

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This disciplinary matter is before the Court on Michael J. C. Shaw’s petition for voluntary discipline filed pursuant to Bar Rule 4-227. Shaw requests a six to 12 month suspension, preferably retroactive to June 22, 2009, for his admitted violations of Rule 8.4 a 4 of the Georgia Rules of Professional Conduct, see Bar Rule 4-102 d. The maximum penalty for a violation of the rule is disbarment. The State Bar has filed a response stating that the interests of the public and the Bar would be best served by accepting the petition and imposing a suspension ranging from at least six months to a year.

In the petition, Shaw, who has been a member of the Bar since 1999, admits that while he was employed as an associate-attorney at a law firm in bankruptcy and commercial-foreclosure litigation, he performed work for clients, submitted invoices to the firm’s accounting department, received checks, endorsed the checks over to himself, and deposited the funds into his personal checking account. From 2003 to 2009 Shaw performed skip traces or other investigative services for clients himself, but submitted invoices in the name of Joe Rickman, a Clayton County investigator, who also performed those services for the firm. The Rickman invoices were in the approximate total amount of $90,000. From 2005 to 2009, Shaw performed title-examination services for clients himself, but submitted invoices in the name of Tom Lee, a fictitious vendor. The Lee invoices were in the approximate total amount of $403,000. In June 2009 a client’s billing review caused the firm to discover Shaw’s misconduct, and he was terminated on June 22, 2009. Shaw states that he cooperated fully with the firm’s investigation and promptly repaid the sum of $526,922.00, as requested by the firm. Shaw states that while he assists his former clients by providing post-foreclosure confirmation affidavits as drafted by firm personnel, he has not had direct contact with former clients or practiced law since his termination.

In re Shaw

An attorney submitted fictitious invoices to clients for investigative services and title work, which he himself performed, and pocket funds in excess of $493K over a 4-year period.

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