In the Supreme Court of Georgia
Decided: March 1, 2021
S21Y0672. IN THE MATTER OF EVELYN A. MILLER.
PER CURIAM.
This disciplinary matter is before the Court on a petition for
voluntary discipline filed by respondent Evelyn Ann Miller (State
Bar No. 506579) before the initiation of an action for reciprocal
discipline. See Rule 9.4 (b) of the Georgia Rules of Professional
Conduct, found in Bar Rule 4-102 (d); see also Bar Rule 4-227 (b). In
her petition, Miller requests that this Court accept her petition for
the voluntary surrender of her license to practice law, which she
acknowledges is tantamount to disbarment. In its response, the Bar
urges the Court to accept Miller’s petition.
Miller, who has been a member of the Bar since 2002, admits
that she had been licensed to practice law in the Commonwealth of
Virginia; that, on October 2, 2020, the Virginia State Bar Disciplinary Board entered an order accepting her consent to the
revocation of her license to practice law in Virginia; that she notified
the Bar in Georgia of the action taken against her license in
Virginia, as required by Georgia Rule of Professional Conduct 9.4
(b); and that she is subject to the imposition of substantially similar
discipline in Georgia. See Rule 9.4 (b) (3). With regard to the
wrongdoing that resulted in the discipline imposed in Virginia,
Miller explained that, from 2015 to September 2018, she was
employed by Monarch Title Agency and that her primary role there
was conducting or managing live settlements. Also, during the same
time frame, Miller had her own law firm, for which she maintained
two checking accounts. Miller admitted that, in 2017, she was the
settlement agent and/or supervisor of junior settlement agents for
six settlements in which funds were required to be held in escrow
for an extended period post-settlement. The total amount of
escrowed funds across the six transactions was more than $250,000.
In each such settlement, the affected customers directed Monarch to
forward the funds for long-term escrowing. Instead of holding these
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funds in a designated escrow account, these funds were wired
directly from Monarch to the checking account associated with
Miller’s law firm. Miller states that for four of the six transactions,
some or all of the funds that were supposed to be held in an escrow
account were spent. She asserts, however, that all the funds
identified by the Virginia State Bar that should have been held in
escrow, but were instead transferred to her law firm checking
account, have now been repaid. She further maintains that she has
terminated her signature authority of the co-signer on her law firm’s
bank accounts. Based on the above, Miller requests that she be
allowed to voluntarily surrender her license to practice law in
Georgia.
In its response, the Bar notes that Miller’s petition contains
admissions of fact and conduct sufficient to authorize the imposition
of the discipline she has requested and that the conduct she
admitted in the Virginia disciplinary proceedings would violate
Georgia Rules of Professional Conduct 1.15 (I) (a) and 1.15 (II) (b).
Thus, the Bar asserts that it would be in the best interest of the
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public and the profession for this Court to accept Miller’s petition for
voluntary discipline and allow her to surrender her license to
practice law in Georgia.
Having reviewed the record, we agree to accept Miller’s
petition for voluntary discipline and to allow her to voluntarily
surrender her license to practice law in Georgia, an action which is
tantamount to disbarment. Accordingly, it is hereby ordered that the
name of Evelyn Ann Miller be removed from the rolls of persons
authorized to practice law in the State of Georgia. Miller is reminded
of her duties pursuant to Bar Rule 4-219 (b).
Voluntary surrender of license accepted. All the Justices concur.
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