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In re Kleckley

An attorney, who failed to communicate with his clients, failed to file their civil actions and failed to return their files or fees, was disbarred.

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This matter is before the Court on three notices of discipline filed against D. Daniel Kleckley. Each seeks disbarment. Kleckley failed to timely file notices of rejection and therefore he has no right to an evidentiary hearing and is subject to such discipline as the Court may determine. Bar Rule 4-208.1; 4-208.3. Pursuant to the default, the admitted facts show that Kleckley was retained by three separate clients to represent them in civil matters between October 2004 and February 2006. Kleckley received retainer fees and promised to file actions on behalf of his clients. However, he failed to file the actions although in one instance he represented to the client that he had, failed to return the clients’ phone calls or otherwise communicate with them, failed to return the clients’ papers, and failed to return the fees paid. One client obtained a judgment against Kleckley and he has failed to pay that judgment. Additionally, in two of the cases Kleckley failed to respond to the notices of investigations.

Kleckley’s actions constitute violations of Rules 1.2, 1.3, 1.4, 1.16, and 9.3 of the Georgia Rules of Professional Conduct found in Bar Rule 4-102 d. A violation of Rules 1.2 and 1.3 are punishable by disbarment and the maximum sanction for a violation of Rules 1.4, 1.16, and 9.3 is a public reprimand. Having reviewed the record, we conclude that Kleckley’s actions demonstrate a pattern of misconduct and disregard for the disciplinary process. Accordingly, we agree that disbarment is the proper sanction.

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