This disciplinary matter is before the Court on a Notice of Discipline seeking the disbarment of respondent Patrick T. Beall, issued at the direction of the Investigative Panel of the Disciplinary Board of the State Bar of Georgia. After unsuccessful attempts to serve Beall by mail and personally, the State Bar served him by publication in the Athens-Banner Herald on October 18 and October 25, 2002, in accordance with Bar Rule 4-203.1 b 3 ii. Since Beall did not reject the Notice of Discipline within 30 days, he is in default and thereby admits the factual allegations of the Notice of Discipline, has no right to an evidentiary hearing, and is subject to such discipline and further proceedings as may be determined by this Court. See Bar Rule 4-208.1b. On January 4, 2002, this Court suspended Beall from the practice of law due to his failure to respond adequately to the Notice of Investigation, and that suspension remains in effect.
The facts asserted in the Notice of Discipline and deemed admitted by Beall’s failure to reject the Notice of Discipline show that a client retained Beall in November 2000 to represent her in a divorce matter and paid him $1,700 in installments. At the time Beall agreed to represent the client, he was suspended from the practice of law by order of this Court due to his failure to respond to a Notice of Investigation sent to him in another disciplinary matter. See In the Matter of Patrick Beall, S01Y0073.1 Beall never filed the client’s divorce action, never returned any of his client’s many telephone calls, and did not respond to letters she and her daughter wrote to check on the status of the case. In April 2001, the client sent Beall a certified letter terminating his services and requesting a refund of the fee paid and her file. Beall neither responded to the letter nor returned the file. After receiving a copy of the grievance the client subsequently filed with the State Bar, Beall refunded the fees paid by his client.