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In re Ross

Attorney who commingled estate funds in violation of Standard 65 of Bar Rule 4-102 d is suspended for 12 months.

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This disciplinary matter is before the Court on Respondent Eric Vann Ross’ Petition for Voluntary Discipline in which he requests a six to 12-month suspension with conditions for his admitted violation of Standard 65 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 of Bar Rule 4-102 d. The State Bar recommends acceptance of Ross’ petition if the suspension imposed is for 12 months.

In his petition, Ross, who has been a State Bar of Georgia member since 1994, admits that he was retained by an heir of an estate; assisted the client in matters related to the estate including filing an application for letters of administration for the client in August 1996; and, in May 1997, received $169,609.60 on behalf of the heirs of the estate. Although Ross placed the funds in his escrow account and subsequently disbursed $120,710 to the heirs during the months of May, June, and July 1997, he commingled the remaining estate funds with his own funds in order to cover office expenses. In August 1998, his client retained another lawyer, who sent three letters between August 1998 and March 1999 asking Ross to deliver the documents and remaining funds from the estate. Ross did not respond until May 1999 at which time he delivered a check in the amount of $40,000 to the client’s new attorney.

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