This disciplinary matter is before the Court on the Report and Recommendation of the Special Master as approved and adopted by the State Disciplinary Board’s Review Panel. The Special Master issued his Report and Recommendation after an evidentiary hearing, which was held following this Court’s rejection of Respondent Scott Fitz Randolph’s Petition for Voluntary Discipline, because the proposed voluntary discipline of a 60 day suspension was inadequate in light of the admitted violations. In the Matter of Scott Fitz Randolph, No. S00Y1728 11/30/2000. In the Report and Recommendation, the Special Master found that Randolph violated Standards 4 lawyer shall not engage in professional conduct involving dishonesty, fraud, deceit or wilful misrepresentation and 65 D lawyer who receives money on behalf of a client or in any fiduciary capacity shall maintain a trust account and deposit those funds therein of Bar Rule 4-102 d. Even though both of these infractions may be punished by disbarment, the Special Master recommends that we impose a two year suspension as the appropriate discipline. We disagree, and conclude that disbarment is the appropriate sanction in this case.
The record shows that Randolph, who became a member of the State Bar of Georgia in 1990, was hired in July 1997 by two clients to represent them in a joint bankruptcy. The clients gave Randolph two checks—one in the amount of $175.00 for “filing fees” and the second in the amount of $100.00 as a partial retainer. In September 1997, the clients wrote another $175.00 check to Randolph for additional attorneys’ fees. Although Randolph had established a trust account, he cashed the $175.00 “filing fees” check rather than depositing it into the trust account. On December 11, 1997, Randolph filed the clients’ Chapter 7 bankruptcy petition, paid $60 toward the filing fee from his own money, and completed and signed an application to pay the remainder of the fee in installments. Randolph took this action despite the fact that the bankruptcy rules contemplate that an application be signed by the debtors. See Bankruptcy Rule 1006 b. The bankruptcy petition, signed and filed by Randolph, falsely represented that he had been paid no attorneys’ fees.
