In re Thomas

An attorney, who agreed to represent two clients in their cases, accepted payment towards his fee and failed to respond to the clients' inquiries, was disbarred.

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This disciplinary matter is before the Court on the Notice of Discipline for disbarment issued against Respondent Franklin Whitaker Thomas. As Thomas has failed to file a Notice of Rejection to the Notice of Discipline within the time set by Bar Rule 4-208.3 a, Thomas is in default; has no right to an evidentiary hearing; and is subject to such discipline and further proceedings as may be determined by this Court. See Bar Rule 4-208.1 b. Based on his conduct in two separate matters, the State Disciplinary Board found that Thomas violated Rules 1.3; 1.4; 1.5; 1.16; and 8.4 a 4 of Bar Rule 4-102 d of the Georgia Rules of Professional Conduct. The maximum penalty for a violation of either Rule 1.3 or 8.4 a 4 is disbarment while the maximum penalty for a violation of either Rule 1.4, 1.5 or 1.16 is a public reprimand. State Disciplinary Board “SDB” Docket No. 5020 :

In this matter, a client hired Thomas in February 2005 to represent her in a child support modification case. Thomas met the client in a restaurant, where he discussed the case with her and accepted a payment of $750 toward his $1,500 fee. Although the client telephoned and e-mailed Thomas repeatedly over a six-week period, Thomas rarely responded to the client’s inquiries. When he did speak with her, he assured her that he had filed the petition for modification and that he was attempting to serve it on her ex-husband. After contacting the court and learning that Thomas had not filed the petition, the client fired Thomas. She also asked him to return her client file and refund the fee, both of which Thomas failed to do. In addition, although Thomas was personally served with a Notice of Investigation, he failed to respond.

In re Thomas

An attorney, who agreed to represent two clients in their cases, accepted payment towards his fee and failed to respond to the clients' inquiries, was disbarred.

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