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: June 11, 2024
S24Y0919. IN THE MATTER OF EMILY C. WILLIAMS.
PER CURIAM.
This disciplinary matter is before the Court on a petition for
voluntary discipline in a reciprocal disciplinary matter wherein the
Respondent Emily C. Williams (State Bar No. 579779), a member of
the State Bar of Georgia since 2005, was suspended from the
practice of law in Florida for 91 days with conditions on her
reinstatement and requests the same suspension here, retroactive
to the effective date of the Florida suspension. The Bar has
responded, recommending that the Court accept the petition, and we
agree to do so.
With multiple disciplinary actions pending against her in
Florida, Williams and the State Bar of Florida entered into a consent
judgment, pursuant to which the Supreme Court of Florida entered
an order on January 11, 2024, suspending Williams from the
practice of law for 91 days, effective February 10, 2024, and entering
judgment against her in the amount of $1,534.47 for the costs of the
Florida Bar’s action against her. According to Williams, her
reinstatement will require the express support of the Florida
Lawyers Assistance Program and a showing of rehabilitation.
Moreover, prior to making a showing of rehabilitation, Williams will
be required to undergo a comprehensive mental health evaluation.
Based on the discipline imposed in Florida, the Georgia Bar
initiated a reciprocal disciplinary action against Williams pursuant
to Georgia Rule of Professional Conduct (“GRPC”) 9.4 (b), and, in
response, Williams filed this petition for voluntary discipline. See
GRPC 9.4 (b); Bar Rule 4-227 (b). In her petition, Williams explains
that, in Florida, she faced eight separate disciplinary matters, which
she summarizes as involving her failure to adequately communicate
with her clients, to competently and diligently represent those
clients, to expedite litigation, to earn the fees that she had been paid,
and to report two arrests in March and May 2017. She asserts that
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the discipline as to those matters was mitigated by the absence of a
prior disciplinary history; the absence of a dishonest or selfish
motive; personal or emotional problems, which she details; a timely
good faith effort to make restitution in that she made fee refunds to
her clients; good character or reputation; physical/mental disability
or impairment or substance-related disorder; interim rehabilitation;
and extreme remorse. See ABA Standards for Imposing Lawyer
Sanctions (“ABA Standard”), Standard 9.32 (a), (b), (c), (d), (g), (i),
and (l).
Williams admits in aggravation of discipline that she engaged
in a pattern of misconduct and committed multiple offenses, see
ABA Standard 9.22 (c) and (d), but she assures this Court that she
has taken steps to ensure future professional behavior in compliance
with all disciplinary rules. Asserting that she has not practiced law
in Georgia since September of 2023, Williams requests that this
Court suspend her license to practice law for a period of 91 days,
nunc pro tunc to February 10, 2024, and condition her reinstatement
on the provision of proof to the Office of General Counsel that she
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has met the requirements for reinstatement as set forth in the
January 11, 2024 order of the Supreme Court of Florida.
The Bar responds by agreeing with the essence of Williams’s
assertions in her petition and stating that Williams cooperated with
the Georgia Bar and expressed remorse during these proceedings.
The Bar contends that Williams’s requested discipline is sufficient
to serve as “a penalty to the offender, a deterrent to others, and as
an indication to laymen that the courts will maintain the ethics of
the profession,” In the Matter of Dowdy, 247 Ga. 488, 493 (277 SE2d
36) (1981) (citation and punctuation omitted), and notes that the
requested discipline is “substantially similar” to the discipline
imposed in Florida, see GRPC 9.4 (b) (3) (requiring the imposition of
“substantially similar discipline” in reciprocal disciplinary cases
unless the respondent makes certain showings not at issue in this
case). Therefore, the Bar recommends that the Court accept
Williams’s voluntary petition and impose the requested discipline.
Given that this Court has generally interpreted the Bar Rules
governing reciprocal discipline to require the imposition of
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substantially similar discipline as was imposed in the other
jurisdiction, see In the Matter of Van Dyke, 316 Ga. 168, 177 (886
SE2d 811) (2023) (noting the “nature of reciprocal discipline matters
. . . wherein this Court must only impose ‘substantially similar’
discipline”), and because the Bar confirms Williams’s assertions that
she has not practiced law in this State since September 2023, this
Court accepts her petition for voluntary discipline and imposes a 91-day suspension with conditions, nunc pro tunc to February 10, 2024.
See id. (imposing suspension nunc pro tunc based on a showing that
the attorney voluntarily ceased the practice of law prior to the
issuance of this Court’s suspension). Further, we condition her
reinstatement on the provision of proof that she has met the
requirements for reinstatement as set forth in the January 11, 2024
order of the Supreme Court of Florida. At the conclusion of the
suspension imposed in this matter, Williams may seek
reinstatement by demonstrating to the State Bar’s Office of General
Counsel that she has met the conditions for reinstatement. If the
State Bar agrees that the conditions have been met, it will submit a
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notice of compliance to this Court, and this Court will issue an order
granting or denying reinstatement. See In the Matter of Topmiller,
293 Ga. 667, 669 (748 SE2d 919) (2013). Williams is reminded of her
duties under Bar Rule 4-219 (b).
Petition for voluntary discipline accepted; ninety-one-day
suspension with conditions. All the Justices concur.
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