NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any prior version on the Court’s website and docket. A bound volume of the Georgia Reports will contain the final and official text of the opinion.
In the Supreme Court of Georgia
Decided: May 31, 2023
S23Y0492, S23Y0493, S23Y0494, S23Y0495, S23Y0496. IN THE
MATTER OF IAN ZIMMERMAN.
PER CURIAM.
These disciplinary matters are before the Court on the
consolidated report and recommendation of Special Master Quentin
L. Marlin that Ian Zimmerman (State Bar No. 853012) be disbarred
for his violations of Rules 1.2, 1.3, 1.4, 1.15 (I), 1.16, 4.1, and 8.4 (a)
(4) of the Georgia Rules of Professional Conduct (“GRPC”), found in
Bar Rule 4-102 (d). These matters arose from five different client
matters leading to five different complaints. Despite acknowledging
service of each of those complaints, claiming to have provided timely
answers, and being given additional time to support that claim,
Zimmerman, who has been a member of the State Bar since 2011,
never provided evidence that he in fact filed timely answers with the
State Bar. After holding a hearing, which Zimmerman attended, the
Special Master found Zimmerman in default and, pursuant to Bar
Rule 4-212 (a), deemed Zimmerman to have admitted the facts
alleged and violations charged in the formal complaints.
Zimmerman has filed no exceptions to the Special Master’s report
and recommendation. Based on the record before us, we agree that
Zimmerman should be disbarred.
These cases arise from Zimmerman’s representation of clients
in personal injury cases, wherein he failed to communicate with the
clients and did not disburse the full amount of settlement proceeds
upon the settlement of each matter. With regard to State
Disciplinary Board Docket (“SDBD”) No. 7306, Zimmerman
represented a client who had been represented by an attorney at a
different law firm, with whom the client had signed a contract
entitling the law firm to a 33-percent attorneys’ fee plus costs of
litigation upon termination of services. The client’s claim with an
insurance company settled for $25,000, and the law firm that had
represented the client submitted an attorney lien to the insurance
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company for $8,355.87. Zimmerman contacted the client’s previous
attorney and entered into an agreement whereby the law firm would
release the attorney lien in exchange for Zimmerman paying 80
percent of the law firm’s fees and costs and resolving the client’s
other outstanding liens and bills. Zimmerman advised the previous
attorney that he would send a check overnight as soon as the
settlement check cleared his bank. Zimmerman received and
deposited the settlement check, but he did not respond to most of the
former attorney’s numerous inquiries regarding payment. When he
did respond, he said he would send the funds owed to the law firm,
but he never did.
The Special Master concluded that Zimmerman violated Rule
1.15 (I) by failing to disburse the funds owed to the law firm from
the client’s settlement; and violated Rule 8.4 (a) (4) by
misrepresenting to the attorney that he would disburse the amount
owed to the law firm once the settlement check cleared his bank
account and subsequently failing to do so.
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With regard to SDBD No. 7307, Zimmerman represented a
client suing an individual and three different insurance companies
in a personal injury matter. The client’s claims against the
individual and two of the insurance companies settled for $11,000,
and the client executed a release of her claims against those parties.
Zimmerman prepared a settlement breakdown whereby the client
was to receive $3,583.54, Zimmerman was to receive $3,666.30, and
the remainder was to be paid to the client’s medical providers.
Zimmerman advised the client that he would contact her medical
providers to determine how much money was owed for her
treatment, and that he would disburse any remaining funds to her
after her medical bills were paid. Zimmerman disbursed the initial
$3,583.54 to the client, but he failed to pay all of her medical
providers and failed to disburse any remaining funds to her.
Moreover, the client’s claim against the third insurance company
later settled and she executed a release of claims, but Zimmerman
failed to disburse those settlement funds to her. Zimmerman did not
respond to the client’s attempts to contact him regarding the
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settlement funds owed to her and her medical providers, and he
failed to disburse to the client the entire amount due to her.
The Special Master concluded that Zimmerman violated Rule
1.4 by failing to respond to the client’s requests for information
about the settlement funds; Rule 1.15 (I) by failing to disburse the
funds owed to the client and failing to pay her medical providers;
and Rule 8.4 (a) (4) by withholding funds from the settlement of the
client’s claims that were owed to her or her medical providers.
In SDBD No. 7339, from the outset of the representation,
Zimmerman’s client attempted to contact him about her case on
numerous occasions, but Zimmerman failed to respond or provide
updates. Zimmerman told the client that he sent correspondence,
including a demand letter, to the tortfeasor’s insurance company.
Although the client terminated Zimmerman as her attorney,
Zimmerman told the client that he was required to continue working
on her case because he had already sent a demand to the insurance
company. But Zimmerman sent a demand to the insurance company
only after the client had terminated his services, and he continued
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to communicate with the insurance company on the client’s behalf
without her authority. The client hired a new attorney, who
requested the file from Zimmerman, but Zimmerman failed to
return the file to the client or the new attorney, and later accepted
the policy limit offered by the insurance company on behalf of the
client. The new attorney requested by email that Zimmerman cease
and desist any further action on the case because he had been
terminated. Nonetheless, Zimmerman sent a letter to the insurance
company requesting that it forward the settlement check and a
limited liability release to his firm. The new attorney again emailed
Zimmerman requesting the file and advising him to stop contacting
the client. Zimmerman sent a letter to the insurance company
asserting a lien on the settlement proceeds. He finally turned over
the file to the new attorney, but it did not contain correspondence,
medical records, or the demand sent to the insurance company.
Zimmerman then sent a letter to the insurance company stating
that he had resolved the dispute with the new attorney and
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requesting that the insurance company disburse $7,500 to him and
the remainder to the client and her new attorney.
The Special Master concluded that Zimmerman violated Rule
1.2 (a) by failing to consult with the client about the scope and
objectives of the representation and continuing to act on her behalf
without authority after she terminated him; Rule 1.3 by failing to
perform work on the client’s case; Rule 1.4 by failing to communicate
with the client or respond to her requests for information; and Rule
1.16 by failing to withdraw from representation once the client
terminated him and failing to promptly return her file. Moreover,
the Special Master found that Zimmerman violated Rule 4.1 by
continuing to negotiate with the insurance company about the case
after he was terminated, thereby misrepresenting to the insurance
company that he was still the client’s attorney. Finally, the Special
Master again found that Zimmerman violated Rule 8.4 (a) (4) by
misrepresenting to the client that he had sent a demand to the
insurance company before being terminated and by misrepresenting
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to the insurance company that he was still her attorney after he was
terminated.
In SDBD Nos. 7340 and 7341, two clients initially retained a
different law firm to represent them, which referred their cases to
Zimmerman. Zimmerman settled the cases and settlement checks
were disbursed to him by the insurance company. He cashed the
checks but failed to inform the clients, disburse the amounts due to
them, pay their medical providers, or respond to their numerous
attempts to contact him about the settlement funds.
The Special Master found that Zimmerman violated Rule 1.2
by failing to consult with the clients about the disbursement of
settlement funds to them and their medical providers; Rule 1.3 by
failing to promptly and diligently disburse the funds to the clients
and their medical providers; Rule 1.4 by failing to respond to
requests for information about the settlement funds; Rule 1.15 (I) by
failing to disburse the funds owed to the clients and their medical
providers; and Rule 8.4 (a) (4) by withholding funds from the clients’
settlements that were owed to them or to their medical providers.
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In connection with each matter, the Special Master noted that
the maximum sanction for a violation of Rules 1.2, 1.3, 1.15 (I), 4.1,
and 8.4 (a) (4) is disbarment, and the maximum sanction for a
violation of Rules 1.4 and 1.16 is a public reprimand.
Turning to the appropriate level of discipline, the Special
Master correctly noted that this Court generally looks to the
American Bar Association’s Standards for Imposing Lawyer
Sanctions (“ABA Standards”) for guidance in determining
punishment. See In the Matter of Morse, 266 Ga. 652, 653 (470 SE2d
232) (1996). ABA Standard 3.0 provides for consideration of the
following factors: the duty violated; the lawyer’s mental state; the
potential or actual injury caused by the lawyer’s misconduct; and
the existence of aggravating or mitigating factors. As to the duty
violated, the Special Master noted that the ABA Standards assume
that the most important duties are the obligations a lawyer owes to
clients, including the duty to preserve the client’s property and the
duty of diligence.
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The Special Master found that Zimmerman violated the duty
of diligence in his representation of his clients and the duty to fulfill
his obligations with regard to client property in his possession. The
Special Master further noted that lawyers owe duties to the general
public, including the duty not to engage in conduct involving
dishonesty, fraud, or interference with the administration of justice.
The Special Master found that Zimmerman engaged in knowing and
intentional dishonest conduct with his clients and with third parties.
The Special Master noted that the extent of the injury is defined by
the type of duty violated and the extent of actual or potential harm;
he concluded that Zimmerman’s clients and third parties suffered
actual injury as a result of his actions.
The Special Master recited that disbarment is generally
appropriate when a lawyer knowingly converts client property and
causes injury or potential injury to a client, see ABA Standard 4.11;
knowingly fails to perform services for a client or engages in a
pattern of neglect with respect to client matters and causes serious
or potentially serious injury to the client, see ABA Standard 4.41;
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knowingly deceives a client with the intent to benefit the lawyer or
another person, see ABA Standard 4.61; makes a false statement,
submits false information, or improperly withholds material
information with the intent to deceive the court, and causes a
significant or potentially significant adverse effect on the legal
proceeding, including in the context of disciplinary proceedings, see
ABA Standard 6.11; or knowingly engages in conduct that is a
violation of a duty owed as a professional with the intent to obtain a
benefit for the lawyer or another, see ABA Standard 7.1.
In aggravation, the Special Master considered Zimmerman’s
prior disciplinary offense, for which he received a formal letter of
admonition for violations of Rules 1.2, 1.3, 1.4, and 1.15 (I), see ABA
Standard 9.22 (a); his dishonest or selfish motive shown by his
receipt of financial benefit from his misconduct, see ABA Standard
9.22 (b); his repeated pattern of misconduct, see ABA Standard 9.22
(c); his violation of seven provisions of the GRPC in five separate
matters, see ABA Standard 9.22 (d); his bad-faith obstruction of the
disciplinary proceeding by intentionally failing to comply with the
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disciplinary rules and the Special Master’s directives, see ABA
Standard 9.22 (e); his false statement that he filed answers to the
formal complaints, see ABA Standard 9.22 (f); his refusal to
acknowledge the wrongful nature of his conduct, see ABA Standard
9.22 (g); his substantial experience in the practice of law, as a
member of the State Bar since 2011, see ABA Standard 9.22 (i); and
his indifference to making restitution, see ABA Standard 9.22 (j).
The Special Master found no mitigating facts applicable to this case.
Finally, the Special Master concluded that Zimmerman
ignored the gravity of the disciplinary proceedings by failing to
respond to the formal complaints, such that he was in default and
should be disbarred based on the violations he was deemed to have
admitted. The Special Master noted that this Court has previously
disbarred attorneys in matters where they abandoned or neglected
client matters, failed to perform work for their clients, and engaged
in dishonest and deceitful conduct by converting funds belonging to
clients and third parties and failing to protect third-party interests
in funds in the attorney’s possession. Neither Zimmerman nor the
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State Bar filed exceptions to the Special Master’s report and
recommendation or requested review by the Review Board.
Having reviewed the record, we agree that disbarment is the
appropriate sanction and that disbarment is consistent with prior
cases in which an attorney has admitted, by virtue of default, to
violating provisions of the GRPC that carry disbarment as a
sanction and has failed to participate fully in the disciplinary
process. See In the Matter of Power, 314 Ga. 504 (877 SE2d 601)
(2022) (disbarring defaulting attorney for violations of Rules 1.2 (a),
1.3, 1.4, 1.5 (a), 1.15 (I), 1.15 (II), 1.15 (III), 1.16 (d), and 9.3); In the
Matter of Boyd, 312 Ga. 282 (862 SE2d 135) (2021) (disbarring
defaulting attorney for violations of Rules 1.2, 1.3, 1.4, 1.5, 1.15 (I),
4.1, and 8.4); In the Matter of Berry, 310 Ga. 158 (848 SE2d 71)
(2020) (disbarring defaulting attorney for violations of Rules 1.2 (a),
1.3, 1.4, 1.5 (b), 1.5 (c) (2), 1.15 (I) (a), 1.15 (b), and 8.4 (a) (4)); In the
Matter of Bennett, 307 Ga. 679 (837 SE2d 298) (2019) (disbarring
defaulting attorney for violations of Rules 1.2, 1.3, 1.4, 1.15 (I), 3.2,
and 8.4 (a) (4)); In the Matter of Thompson, 306 Ga. 618 (832 SE2d
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334) (2019) (disbarring defaulting attorney for violations of Rules
1.2 (a), 1.3, 1.4, and 1.16 (d)).1 Accordingly, it is hereby ordered that
the name of Ian Zimmerman be removed from the rolls of persons
authorized to practice law in the State of Georgia. Zimmerman is
reminded of his duties pursuant to Bar Rule 4-219 (b).
Disbarred. All the Justices concur.
1In his report and recommendation, the Special Master helpfully noted
many of these same cases in recommending disbarment.
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