In re Keaton

Attorney disbarred for telling client she would ask district attorney to dead-docket his criminal case and then failing to contact district attorney or appear at client's trial.

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The State Bar filed a Formal Complaint against Respondent Dawn B. Keaton alleging violations of Standards 44 lawyer shall not wilfully disregard or abandon a legal matter entrusted to her to the detriment of her client; and 68 failure to respond to disciplinary authorities during the investigation of a complaint of Bar Rule 4-102 d. The State Bar perfected service on Keaton under Bar Rule 4-203.1 b 3 ii by obtaining a receipt of a Return of Service Non Est Inventus and by publication. Keaton failed to file an answer to the complaint as required by Bar Rule 4-212 a and, accordingly, the special master granted the State Bar’s Motion for Default, rendering the facts alleged and violations charged in the Formal Complaint deemed admitted. The special master filed his report directly in this Court pursuant to Bar Rule 4-217 c as more than 30 days passed without either party requesting a Review Panel review. Thus, Keaton has waived her right to file exceptions with or to make request for oral argument to this Court, and is subject to discipline. See Bar Rule 4-217 c. Although violation of Standard 68 may be punished by a public reprimand, violation of Standard 44 subjects the respondent to disbarment, which is the sanction recommended by the special master in this case. We agree.

By virtue of her default, Keaton admits that she agreed to represent a client after he was arrested on felony charges in Fulton County, for which he paid Keaton a retainer fee. She appeared on the client’s behalf at a pre-trial hearing and told him she would ask the District Attorney to dead-docket the case. Keaton did not contact the District Attorney in that regard, however, nor did she take any further action in the client’s case. The client’s numerous attempts to contact Keaton by telephone were unsuccessful as she never returned any of his calls, and Keaton failed to appear at trial to represent her client.

In re Keaton

Attorney disbarred for telling client she would ask district attorney to dead-docket his criminal case and then failing to contact district attorney or appear at client's trial.

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