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In re Ross

An attorney who settled his client's case for $20,000 and kept the settlement funds was disbarred.

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This disciplinary matter is before the Court on the Notice of Discipline filed pursuant to Bar Rule 4-208.1 against Respondent Eric Vann Ross and to which he failed to respond. After an investigation, the State Bar filed the notice charging Ross with violating Rules 1.2; 1.3; 1.4; 1.15 I; 1.16 d; 8.4; and 9.3 of the Georgia Rules of Professional Conduct, see Bar Rule 4-102 d. The State Bar properly served Ross by publication in accordance with Bar Rule 4-203.1 b 3 ii, but he did not reject the notice as required by Bar Rule 4-208.3. Accordingly, Ross is in default, has no right to an evidentiary hearing, and is subject to discipline by this Court, under Bar Rule 4-208.1. The facts as deemed admitted show that a client hired Ross to represent him in a matter and Ross settled the case for $20,000 and dismissed it with prejudice without consulting the client. He deposited the settlement funds into his bank account and told the client the case had been settled for $18,000. Ross has failed to deliver the settlement funds to his client or to render an accounting to his client regarding the funds.

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