X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Per Curiam. These disciplinary matters are before the Court on Notices of Discipline seeking the disbarment of John L.G. Herbert, Jr. (State Bar No. 348226), on the basis of numerous alleged violations of the Georgia Rules of Professional Conduct (hereinafter, “GRPC”) related to 11 client grievances. Because Herbert, who has been a member of the Bar since 1994, failed to file a Notice of Rejection, he is in default, has waived his right to an evidentiary hearing, and is subject to such discipline and further proceedings as may be determined by this Court. See Bar Rule 4-208.1 (b). The facts, as deemed admitted by virtue of Herbert’s default, are as follows. The 11 grievants, or their associated LLCs, are overseas investors in real property located in the U.S. The grievants desired to have the proceeds of their investments and other deposits held in the U.S. banking system and Herbert offered to receive, hold, and disburse these funds. Herbert stopped responding to requests for information and accountings from the grievants beginning around November 2022, at which point each of the grievants had outstanding balances with Herbert. The grievants collectively reported losses of approximately $850,000 in funds that had been entrusted to Herbert and were converted to his use. As to each of the grievances, the Bar determined that Herbert violated the following provisions of the GRPC: Rule 1.2 (a),[1] Rule 1.4,[2] Rule 1.5 (a),[3] Rule 1.15 (I) (a),[4] Rule 1.15 (I) (c),[5] Rule 1.15 (I) (d),[6] Rule 1.15 (II) (a),[7] Rule 1.15 (II) (b),[8] Rule 1.15 (II) (c),[9] Rule 1.15 (III) (a),[10] Rule 1.15 (III) (b),[11] Rule 1.15 (III) (c),[12] Rule 1.16 (d),[13] Rule 8.4 (a) (4),[14] and Rule 9.3.[15] The maximum sanction for a single violation of Rules 1.2, 1.15 (I), 1.15 (II) (a), 1.15 (II) (b), 1.15 (III), and 8.4 (a) (4) is disbarment. The maximum sanction for a single violation of Rules 1.4, 1.5, 1.15 (II) (c), 1.16 (d), and 9.3 is a public reprimand. As to aggravating and mitigating factors, the Bar concluded that the following aggravating factors applied: a dishonest and selfish motive, a pattern of misconduct, the commission of multiple offenses, a refusal to acknowledge the wrongful nature of his conduct, vulnerability on the part of the overseas victims because they could not readily confront Herbert about his misconduct, and Herbert’s substantial experience in the practice of law. ABA Standard 9.22 (b), (c), (d), (e), (g), (h), (i).[16] The Bar determined that Herbert’s lack of a prior disciplinary record was the only mitigating factor, ABA Standard 9.32 (a), and that the aggravating factors significantly outweighed the sole mitigating factor. The Bar thus determined that the appropriate sanction in this matter is disbarment, with a mandatory condition, if he seeks reinstatement, that Herbert pay restitution to the grievants in the amounts of their losses as set out in the Notices of Discipline. Having reviewed the record, we conclude that disbarment is the appropriate sanction in this matter and is consistent with similar cases in which a lawyer abandons clients, violates the rules related to trust accounts, and defaults during the disciplinary process. See, e.g., In the Matter of Power, 314 Ga. 504 (877 SE2d 601) (2022) (disbarring attorney who defaulted under notice of discipline for abandonment of two clients and violations of trust account rules); In the Matter of Proctor, 313 Ga. 637 (872 SE2d 691) (2022) (disbarring attorney who defaulted under notice of discipline for abandonment of three clients and violations of trust account rules); In the Matter of Plumides, 311 Ga. 65 (855 SE2d 651) (2021) (disbarring attorney who defaulted under notice of discipline and who engaged in pattern of abandoning clients and violating trust account rules). Accordingly, it is hereby ordered that the name of John L.G. Herbert, Jr. be removed from the rolls of persons authorized to practice law in the State of Georgia. We also agree with the Bar’s suggested imposition of a mandatory condition, if Herbert seeks reinstatement, requiring him to pay restitution to the grievants in the amounts of their losses as set out in the Notices of Discipline. Herbert is reminded of his duties pursuant to Bar Rule 4-219 (b). Disbarred. All the Justices concur.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›