This disciplinary matter is before the Court on Michael J. C. Shaw’s State Bar No. 638601 amended petition for voluntary discipline filed pursuant to Bar Rule 4-227. Shaw requests a two to four-year suspension from the date of the Court’s opinion with reinstatement conditioned upon delivery to the Office of General Counsel of the State Bar a report and recommendation from a psychologist or psychiatrist that he is fit to return to the practice of law, 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 Court rejected Shaw’s first petition for voluntary discipline in which he sought a six to 12-month suspension. In its opinion rejecting the petition, the Court stated that a six to 12-month suspension was inappropriate “in view of the scope and extent of Shaw’s fraudulent and deceptive conduct,” In the Matter of Shaw , 286 placeStateGa.725 691 SE2d 544 2010. In his 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 placePlaceNameClaytonPlaceNameCounty 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, 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.
Shaw attached the firm’s letter advising the State Bar of Shaw’s conduct pursuant to Bar Rule 8.3. He states that he “admits that most of the factual allegations contained therein are true.” The letter provides, among other things, that Shaw obtained Lee’s social security number from federal bankruptcy filings and submitted fraudulent W-9 forms in Lee’s name to the firm. Shaw also attaches letters in support of his petition from a client, seven lawyers, a placeStateFlorida state representative, his psychologist Dr. Michael McGarry, and his pastoral counselor Rev. Vic Smith.
