In re Hamilton

This disciplinary matter is before the Court on the Report of the Special Master, recommending that the Court suspend Hamilton for at least nine months, with conditions, based on his improper handling of his attorney trust account, which conduct constitutes violations of Standards 63, 65 A and 65 D of former Bar Rule 4-102 d for conduct occurring prior to January 1, 2001 and Rules 1.15 I a and 1.15 II b of Bar Rule 4-102 d for conduct occurring after January 1, 2001, when the Georgia Rules of Professional Conduct became effective. The State Bar filed a formal complaint, to which Hamilton filed an untimely answer. In a consent order respecting the State Bar’s motion for default, Hamilton agreed to submit an audit of his attorney trust account by March 9, 2006. Hamilton failed to do so and, having been given an additional time in which to submit it, also failed to meet the second deadline.

The special master considered the matter in default and found the facts alleged in the formal complaint admitted pursuant to Rule 4-212 a. Specifically, the special master found that Hamilton wrote checks on his trust account that were returned unpaid for insufficient funds; he deposited personal funds in the trust account and thus commingled his funds with clients’ funds; he withdrew funds from the trust account that were not earned attorney’s fees debited and recorded as such; and he failed to maintain complete records of funds held in the account, including records so as to reflect at all times the exact balance held for each client or third party.