These disciplinary matters are before the Court on the Notice of Discipline filed by the Investigative Panel of the State Disciplinary Board recommending that Respondent Joseph Mitchell Williams be disbarred for his violations of Rules 1.2; 1.3; 1.4; 1.16; 3.2; 8.4; and 9.3 of the Georgia Rules of Professional Conduct, a part of Bar Rule 4-102 d. The maximum sanction for a violation of Rule 1.2, 1.3, or 8.4 a 4 is disbarment while the maximum sanction for a violation of Rule 1.4, 1.16, 3.2, or 9.3 is a public reprimand. A Notice of Investigation in each of three grievances was mailed to Williams and after he failed to acknowledge service of any of the notices, Williams was personally served with the Notices in Case Nos. S04Y0494 and S04Y0495 and served by publication in Case No. S04Y0493. Upon his failure to respond, this Court suspended Williams on August 8, 2003, in each of these matters. A Notice of Discipline subsequently was issued by the Investigative Panel, and after Williams failed to acknowledge service of the notice within 20 days of the mailing to Williams’s address, and after the sheriff’s department issued a return of non est inventus after attempting to personally serve Williams, the State Bar sent, for publication, a legal advertisement notifying Williams of the filing of the Notice of Discipline and also mailed a copy of the letter with its enclosures to Williams. Bar Rule 4-203.1 b. The legal advertisement was published on March 12, 2004, and March 19, 2004, and as Williams failed to file any rejection of the Notice of Discipline as required by Bar Rule 4-208.3, Williams is in default; has no right to any evidentiary hearing; and is subject to such discipline and further proceedings as may be determined by this Court. Bar Rule 4-208.1.
In Case No. S04Y0493, a client hired Williams in June 2002 to file a petition for a name change and paid Williams $350 for attorneys’ fees and filing fees. Although Williams continued to reassure the client that he was handling her legal matter, Williams failed to file the petition or to perform any legal work on the client’s behalf. In September 2002, the client demanded that Williams refund the $350 and return her paperwork and although Williams agreed to do so, he failed to return the money or the paperwork. Based on this conduct, Williams violated Bar Rules 1.2, 1.3, 1.4, 1.16, 3.2, 8.4, and 9.3 of the Georgia Rules of Professional Conduct.
