Filed: Sep. 20, 2010
Latest Update: Sep. 20, 2010
Summary: PER CURIAM. This disciplinary matter is before the Court on a Notice of Discipline filed by the Office of General Counsel of the State Bar of Georgia, at the direction of the Investigative Panel of the State Disciplinary Board. The State Bar seeks the disbarment of Gary Allen Moss, 1 who is currently suspended from the practice of law in Georgia, following the State Disciplinary Board's investigation of Moss in response to a grievance filed by a client. The client, a collection agency, asserte
Summary: PER CURIAM. This disciplinary matter is before the Court on a Notice of Discipline filed by the Office of General Counsel of the State Bar of Georgia, at the direction of the Investigative Panel of the State Disciplinary Board. The State Bar seeks the disbarment of Gary Allen Moss, 1 who is currently suspended from the practice of law in Georgia, following the State Disciplinary Board's investigation of Moss in response to a grievance filed by a client. The client, a collection agency, asserted..
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PER CURIAM.
This disciplinary matter is before the Court on a Notice of Discipline filed by the Office of General Counsel of the State Bar of Georgia, at the direction of the Investigative Panel of the State Disciplinary Board. The State Bar seeks the disbarment of Gary Allen Moss,1 who is currently suspended from the practice of law in Georgia, following the State Disciplinary Board's investigation of Moss in response to a grievance filed by a client. The client, a collection agency, asserted Moss had not remitted to the client funds he had collected on behalf of the client and had not responded to repeated messages left by the client. The State Bar seeks disbarment of Moss for his purported violations of a number of rules of professional conduct found in Rule 4-102(d) of the Rules and Regulations of the State Bar of Georgia. See Rules 1.2(a),2 1.3,3 1.4,4 1.15(I),5 1.15(II)6, 1.16,7 and 9.3.8 The maximum sanction for a violation of Rules 1.2, 1.3, 1.15(I), and 1.15(II) is disbarment, and the maximum sanction for a violation of Rules 1.4, 1.16, and 9.3 is a public reprimand.
The Investigative Panel found that Moss acknowledged service of the Notice of Investigation but failed to file the response required by Rule 4-204.3(a). Based upon Moss's failure to respond, this Court suspended him from the practice of law on September 11, 2009. See Bar Rule 4-204.3(d)(2). Upon finding probable cause, the Investigative Panel issued a Notice of Discipline (see Rule 4-208.1(a)), which the State Bar attempted to serve on Moss personally at the address listed with the Membership Department of the State Bar. See Rule 4-203.1(a). When the sheriff filed a return of service non est inventus with the notation that the office suite was vacant, the State Bar properly served Moss by publication pursuant to Rule 4-203.1(b)(3)(ii). Having failed to file a Notice of Rejection of the Notice of Discipline, Moss is in default, has waived his rights to an evidentiary hearing, and is subject to such discipline and further proceedings as may be determined by this Court. Rule 4-208.1(b).
The facts, as deemed admitted by virtue of Moss's default, show that the client which filed the grievance retained Moss to represent it in collection matters on an on-going basis. Moss received money on behalf of the company through garnishment actions and directly from individuals and was to remit the company's portion of those collections on a monthly basis. However, even though Moss continued to collect money on behalf of the company, he ceased remitting the company's portion to it around September 2008 and has failed to account for the funds collected since that time. Moss commingled the company's funds with his own and converted company funds to his own use, he failed to respond to calls made by the president and other employees of the company, and he failed to return the company's files as requested. The Investigative Panel found as aggravating factors that Moss acted willfully, dishonestly, and with a selfish motive. See Rule 4-208.2(a)(4).
Having reviewed the record, we agree with the State Bar that disbarment is the appropriate sanction in this case. Therefore, it is hereby ordered that the name of Gary Allen Moss be removed from the rolls of persons authorized to practice law in the State of Georgia. Moss is reminded of his duties pursuant to Rule 4-219(c).
Disbarred.
All the Justices concur.