These disciplinary matters are before the Court on the Report of the Review Panel, which recommends that Respondent Bobby Glenn Adkins, Jr. be disbarred for his violations of Standard 4 of former Bar Rule 4-102 d; and Rule 8.4 a 4 of the Georgia Rules of Professional Conduct, a part of current Bar Rule 4-102 d . The maximum sanction for a violation of Standard 4 or Rule 8.4 a 4 is disbarment. In Case No. S04Y0809, Adkins agreed to prepare a revocable living trust on behalf of an elderly couple and, on May 17, 2000, the wife and her son went to Adkins’ office and the wife paid Adkins $650, which the couple contend was the amount for which Adkins agreed to handle the matter. On May 22, 2000, the couple went to Adkins’ office for another meeting at which time Adkins presented the couple with a fee contract, which they signed. However, the couple contended that the contract did not accurately reflect the fee agreement Adkins had outlined to them earlier and that Adkins did not explain the document to them. In July 2000, after Adkins invoiced the couple for an additional $40 in attorneys’ fees and their son wrote Adkins to dispute the amount, Adkins began sending threatening letters stating that he would sue the couple and seek to foreclose on their home, even though he later testified that he had no intention of taking either action. After the couple’s son filed a grievance with the State Bar against Adkins in October 2000, Adkins continued to send threatening letters, filed a lawsuit against the son for defamation, and in November 2000, sent an invoice to the couple for $370. Although the invoice indicated that the bill was for legal services, the additional charge was actually for Adkins’ time in responding to the bar complaint and in drafting the lawsuit against the couple’s son. Based on Adkins’ conduct, the Review Panel concluded that Adkins violated Standard 4 of Bar Rule 4-102 d.
In Case No. S04Y0810, Adkins agreed in June 1997 to represent a client in a car title dispute. Although Adkins and the client did not have a written fee agreement, Adkins sent bills to the client which the client paid. After Adkins filed a lawsuit on the client’s behalf, the attorney-client relationship deteriorated and in September 2000, the client terminated Adkins’ representation and requested a full refund of payments made to Adkins as well as credit for all outstanding balances. Adkins did not perform any further work for the client and he never gave the client an exact amount for refund or credit owed.
