IN THE MATTER OF RICHARD R. BUCKLEY, JR.

Supreme Court of Georgia2012-10-01No. S12Y1710

291 Ga. 661732 S.E.2d 87

Summary · law.co

Holding. The court accepted Buckley's petition for voluntary discipline and suspended him from the practice of law for four months, effective from the date of the opinion.

Richard Buckley, an attorney admitted to practice in Georgia since 1985, was retained in June 2010 by an Ohio resident to handle a custody modification matter. After performing initial work, Buckley expressed concerns about the case but then failed to communicate with his client regarding the status of her legal matter despite her repeated attempts to contact him throughout July and August 2010. When the client terminated the representation and requested return of her file and retainer, Buckley withheld both, claiming he had earned the fee and held a lien on the file. He did not return the file or provide a refund until February 2012, at which point he refunded the full $750 retainer plus interest and sent the file to the client.

Buckley's conduct violated three rules of professional responsibility: the duty to act with reasonable diligence, the duty to communicate with clients, and the duty to comply with client requests upon termination of representation. In mitigation, the court noted that Buckley had ultimately made the client whole by returning her money with interest, was experiencing health issues at the time that he has since successfully addressed through a lawyers' assistance program, and had accepted voluntary discipline. However, the court found aggravating factors in his substantial experience level and a pattern of prior discipline—three confidential admonitions issued between 2003 and 2011—reflecting similar failures to communicate and act promptly.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Failure to communicate with client about legal matter status
Failure to act with reasonable diligence on client matter
Wrongful withholding of client file and retainer upon termination of representation
Appropriate sanction for professional misconduct with pattern of prior discipline

Procedural posture

The matter came before the court on the report and recommendation of a special master following the respondent's filing of a petition for voluntary discipline after a formal complaint was filed.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

majority opinion

Per curiam.

This disciplinary matter is before the Court on the report and recommendation of special master, C. Deen Strickland, who recommends accepting the petition for voluntary discipline which was filed by Respondent Richard R. Buckley, Jr. (State Bar No. 092905) after the filing of a formal complaint, see Bar Rule 4-227 (c), and who further recommends suspending Buckley for four months for bis admitted violations of Rules 1.3, 1.4 and 1.16 of the Georgia Rules of Professional Conduct, see Bar Rule 4-102 (d). Although the maximum sanction for a Rule 1.3 violation is disbarment, we agree that a four-month suspension is an appropriate discipline in this case.

Decided October 1, 2012.

Paula J. Frederick, General Counsel State Bar, A. M. Christina Petrig, Assistant General Counsel State Bar, for State Bar of Georgia.

The record reflects that in June 2010 a client, who was a resident of Ohio, paid $750 to retain Buckley in connection with a change of custody action regarding her 15-year-old son. Buckley, who was admitted to the State Bar of Georgia in 1985, performed some work on the case, but he had significant concerns about initiating the action and expressed those concerns to his client in the beginning of July. Although the client attempted to contact Buckley by telephone throughout the remainder of July and into August, Buckley failed to return her calls or otherwise advise her of the status of her legal matter. In August 2010, the client terminated Buckley’s representation and requested the return of her file and retainer. Buckley did not return her file, however, because he felt that he had earned his retainer and had a lien on her file. Nevertheless in February 2012, he provided the client a refund in the amount of $850 and sent her file to her.

By these actions, Buckley clearly violated Rules 1.3, 1.4 and 1.16 (d). In mitigation, we find that Buckley has given the client a full refund of her fee, with interest, and has returned her file to her. Further, we note that, at the relevant time, Buckley was suffering with several health problems which affected his ability to practice law but which he has since taken successful steps to control through the Lawyers’Assistance Program. In aggravation we note, as did the State Bar, that Buckley has substantial experience in the practice of law and that he has prior discipline consisting of three confidential letters of admonition issued in 2003 and 2011, all of which involved similar conduct of failing to communicate with clients and failing to act promptly on client matters.

After reviewing the record, we agree with the special master’s recommendation, and we accept the petition for voluntary discipline. Accordingly, we hereby order that Richard R. Buckley, Jr., be suspended from the practice of law for four months, effective as of the date of this opinion. He is reminded of his duties under Bar Rule 4-219 (c).

Petition for voluntary discipline accepted. Four-month suspension.

All the Justices concur.