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: February 18, 2025
S25Y0162. IN THE MATTER OF CHRISTOPHER TYSON.
PER CURIAM.
This disciplinary matter is before the Court on the petition for
voluntary discipline, which Respondent Christopher Tyson (State
Bar No. 142208) filed before the issuance of a formal complaint, see
Bar Rule 4-227 (b) (2), but after this Court rejected his earlier
petition for voluntary discipline. See In the Matter of Tyson, 319 Ga.
527 (904 SE2d 503) (2024) (“Tyson I”). Tyson admits to conduct in
violation of Rules 1.15 (I) (a), 1.15 (I) (b), 1.15 (I) (c), and 1.15 (II) (b)
of the Georgia Rules of Professional Conduct (“GRPC”) found in Bar
Rule 4-102 (d). The maximum penalty for a violation of these rules
is disbarment. Tyson requests a one-to-two-year suspension
contingent upon his restitution of $872.53 in attorney fees to his
former client. The State Bar, through its response, supports Tyson’s
request, and we agree to accept a two-year suspension.
As set forth in Tyson I:
Tyson admits that he represented a client in a personal
injury matter arising out of a vehicle accident in
December 2018 and that he settled the client’s case in
November 2020 for $6,300. Upon receiving the settlement
check, Tyson deposited the check into his IOLTA account.
Tyson notified the client of the receipt of funds, but he did
not notify a chiropractor from whom the client sought
treatment and who had an interest in any settlement
funds resulting from the case. Tyson paid an ERISA lien
for medical benefits on behalf of the client but did not
promptly disburse the settlement funds owed to the client
or the chiropractor, did not maintain sufficient funds in
his IOLTA account, and used those funds for personal
expenses. Tyson, who was admitted to practice law in
1996, claims in an affidavit that he eventually stopped
practicing in June 2021, at which time he relocated to
Louisiana. Since July 2022, Tyson has been
administratively suspended from the State Bar of Georgia
for failing to pay his license fees.
Tyson I, 319 Ga. at 528.
In Tyson I, Tyson sought a six-month suspension, which we
rejected on the basis that Tyson failed to show that he had made full
restitution to the interested parties. Id. at 530. However, even if he
had made full restitution, we concluded that a six-month suspension
was insufficient based on the facts of the case and in consideration
of his prior disciplinary history in which he had received an
Investigative Panel Reprimand in 2013 based on his violations for
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Rules 1.1 and 1.16 (d). Id. Although not admitted in Tyson I, Tyson
now admits that, of the $6,300 settlement, he paid $1,227.47 to
satisfy the ERISA lien, $2,100 to the client, and $2,100 to the
chiropractor. Tyson includes with his petition a copy of a check for
$1,227.47 that was used to satisfy the ERISA lien, a copy of a $2,100
check made out to the client, a copy of a $2,100 check made out to
the chiropractor, and correspondence from the chiropractor stating
that he is satisfied with his portion of the proceeds from the
settlement. Tyson admits that he disbursed the remaining $872.53
to himself for his attorney fees.
In his representation of the client, Tyson admits to violating
Rule 1.15 (I) (a)1 by failing to safeguard the settlement funds owed
to the client and the chiropractor in his IOLTA account; Rule 1.15
(I) (b)2 by disregarding the chiropractor’s interest in the funds from
1 Rule 1.15 (I) (a) provides in relevant part that “[a] lawyer shall hold
funds or other property of clients or third persons that are in a lawyer’s
possession in connection with a representation separate from the lawyer’s own
funds or other property.”
2 Rule 1.15 (I) (b) provides in relevant part that “a lawyer may not
disregard a third person’s interest in funds or other property in the lawyer’s
possession.”
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the settlement; Rule 1.15 (I) (c)3 by failing to promptly notify the
chiropractor of the receipt of the settlement and failing to promptly
disburse the funds owed to the client and the chiropractor; and Rule
1.15 (II) (b)4 by withdrawing from the IOLTA account unearned
funds for personal use.
Tyson submits the following factors in mitigation of discipline:
he has made partial restitution to the client and full restitution to
the chiropractor; he has fully and completely cooperated in this
disciplinary matter; he has expressed remorse by submitting this
petition and agreeing to be held responsible for his wrongdoing; and,
though he has a disciplinary history, his prior discipline is remote
and for unrelated conduct. See ABA Standard 9.32 (d), (e), (l), & (m).
3 Rule 1.15 (I) (c) provides that “[u]pon receiving funds or other property
in which a client or third person has an interest, a lawyer shall promptly notify
the client or third person. Except as stated in this rule or otherwise permitted
by law or by agreement with the client, a lawyer shall promptly deliver to the
client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall
promptly render a full accounting regarding such property.”
4 Rule 1.15 (II) (b) provides in relevant part that “[n]o funds shall be
withdrawn from such trust accounts for the personal use of the lawyer
maintaining the account except earned lawyer’s fees debited against the
account of a specific client and recorded as such.”
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Tyson requests a one-to-two-year suspension with his
reinstatement contingent upon payment of $872.53 to his client. The
State Bar does not dispute Tyson’s admissions of fact, admissions of
rule violations, or the mitigating factors set forth in his petition. The
State Bar supports Tyson’s one-to-two-year suspension contingent
upon repayment of his attorney fees and the requirements imposed
upon him by Bar Rule 1-501 (b) to lift his administrative suspension
before returning to the practice of law.
We have reviewed the record and agree to accept Tyson’s
amended petition for voluntary discipline. A two-year suspension is
appropriate and is consistent with the sanctions imposed in similar
cases involving the misuse of client funds. See In the Matter of
Morgan, 303 Ga. 678 (814 SE2d 394) (2018) (accepting petition for
voluntary discipline requesting two-year suspension with conditions
where attorney withdrew funds from client’s estate and deposited
them for personal use); In the Matter of Braziel, 318 Ga. 389 (898
SE2d 458) (2024) (two-year suspension for attorney with prior
discipline who violated Rules 1.15 (I) (b), 1.15 (I) (c), and 4.1).
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Accordingly, it is hereby ordered that Christopher Tyson is
suspended from the practice of law in this State for a period of two
years from the date of this opinion, with reinstatement conditioned
on Tyson providing restitution totaling $872.53 to his former client
and successful completion of the terms and conditions set forth in
Bar Rule 1-501 (b) to lift his administrative suspension. At the
conclusion of the two-year suspension, Tyson may seek
reinstatement by demonstrating to the State Bar’s Office of General
Counsel that he has met the conditions on reinstatement. If the
State Bar agrees that the conditions have been met, it will submit a
notice of compliance to this Court, and this Court will issue an order
granting or denying reinstatement. Tyson is reminded of his duties
under Bar Rule 4-219 (b).
Petition for voluntary discipline accepted. Two-year suspension
with conditions. All the Justices concur.
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