In re Frazier

Attorney who wrote checks for insufficient funds on his attorney trust account, commingled his personal funds with his clients' funds and withdrew unearned fees from the trust account was suspended for one year with conditions on reinstatement.

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After the Investigative Panel of the State Disciplinary Board of the State Bar of Georgia determined there was probable cause to charge respondent Jerry Wayne Frazier with a violation of Standard 65 of the Standards of Conduct set forth in Bar Rule 4-102 d, the State Bar filed a formal complaint which alleged that respondent had violated Standards 65 A and D.1 The complaint alleged that respondent had maintained an attorney trust account and, over a three-month period in 1999, had written seven checks on that account for amounts between $20 and $70, all of which were returned for lack of sufficient funds. It was also alleged that respondent had written a number of checks on the attorney trust account for personal expenses during 1999, that respondent had commingled his personal funds with his clients’ funds in the trust account, that the funds withdrawn from the account were not earned attorney fees, and that respondent had failed to account for the clients’ money held by respondent in a fiduciary capacity.

Due to respondent’s failure to file an answer to the personally-served complaint, respondent was ruled to be in default and the facts alleged and violations charged in the formal complaint were deemed admitted. Rule 4-212a. After receiving a report from the State Bar recommending that respondent be suspended from the practice of law, and a report from respondent in which he sought imposition of a formal admonition see Bar Rule 4-102b6, the special master issued a recommendation that respondent be suspended for two years and be required to meet certain conditions prior to being reinstated to the practice of law. At respondent’s request, the Review Panel examined the record. The Review Panel adopted the special master’s findings of fact and conclusions of law and recommended a one-year suspension and imposition of conditions for reinstatement. Neither respondent nor the State Bar filed written exceptions to the Review Panel’s report.

In re Frazier

Attorney who wrote checks for insufficient funds on his attorney trust account, commingled his personal funds with his clients' funds and withdrew unearned fees from the trust account was suspended for one year with conditions on reinstatement.

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