These disciplinary matters are before the Court pursuant to the State Bar’s Motion for Issuance of Order and the Report of the Review Panel of the State Disciplinary Board, both of which recommend that Respondent David Roberson be disbarred for his violations of Standards 4 a lawyer shall not engage in professional conduct involving dishonesty, fraud, deceit, or wilful misrepresentation; 45 in his representation of a client, a lawyer shall not, among other things, knowingly make a false statement of law or fact or knowingly engage in illegal conduct or conduct contrary to a disciplinary rule; 65 A a lawyer shall not commingle his client’s funds with his own, and shall not fail to account for trust property, including money and interest paid on the client’s money, if any, held in any fiduciary capacity; D every lawyer who practices law in Georgia and who receives money or property on behalf of a client or in any other fiduciary capacity shall maintain or have available a trust account as required by Standards 65.1 and 65.2; all funds held by a lawyer for a client and all funds held by a lawyer in any other fiduciary capacity shall be deposited in and administered from such account; no personal funds of a lawyer shall ever be deposited in a trust account, except unearned attorney’s fees held until earned, and sufficient funds held to cover maintenance fees such as service charges on the account; and, no funds shall be withdrawn from such trust account for the personal use of the lawyer except earned attorney’s fees debited against the account of a specific client and recorded as such; and 68 during the investigation of a complaint filed under the disciplinary rules, the lawyer complained against shall not fail to respond in accordance with the State Disciplinary Board rules to disciplinary authorities of Bar Rule 4-102 d in Case No. S00Y1748, and for his violations of Standards 4; 30 except with the written consent or written notice to his client after full disclosure a lawyer shall not accept or continue employment if the exercise of his professional judgment on behalf of his client will be or reasonably may be affected by his own financial, business, property or personal interests; 31 a a lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee; 31 d 2 upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the following: i the outcome of the matter; and, ii if there is a recovery: aa the remittance to the client; bb the method of its determination; cc the amount of the attorney fee; and dd if the attorney’s fee is divided with another lawyer who is not a partner in or an associate of the lawyer’s firm or law office, the amount of fee received by each and the manner in which the division is determined; 36 a lawyer shall not continue multiple employment if the exercise of his independent professional judgment on behalf of a client will be or is likely to be adversely affected by his representation of another client, except to the extent permitted under Standard 37; 44 a lawyer shall not without just cause to the detriment of his client in effect wilfully abandon or wilfully disregard a legal matter entrusted to him; 61 a lawyer shall promptly notify a client of the receipt of his funds, securities or other properties and shall promptly deliver such funds, securities or other properties to the client; and 63 a lawyer shall maintain complete records of all funds, securities, and other properties of a client coming into the possession of the lawyer and promptly render appropriate accounts to his client regarding them of Bar Rule 4-102 d in Case No. S00Y1941. The Review Panel also recommends that prior to submitting any application for reinstatement to the Bar, Roberson shall make full restitution to the estate involved of all moneys he received in regard to his representation of the estate. We agree that disbarment with this special condition upon reinstatement is the appropriate sanction in these matters.
On July 13, 2000, Roberson was personally served with the Notice of Discipline in this matter in Case No. S00Y1748. As Roberson failed to file a valid Notice of Rejection of the Notice of Discipline within the requisite time set by Bar Rule 4-208.3 a, Roberson was in default pursuant to Bar Rule 4-208.1 b, had no right to an evidentiary hearing, and was subject to discipline by this Court. On August 15, 2000, the State Bar filed its Proof of Service of the Notice of Discipline and Motion for Issuance of Order asking this Court to issue a final order adopting the Notice of Discipline. Roberson subsequently requested and was granted an extension of time until September 1, 2000 to file his Notice of Rejection, which he filed in this Court on August 31, 2000. The findings of fact as stated in the Notice of Discipline are as follows:
