In Re Vaughn , 275 Ga. 295 ( 2002 )

Per Curiam.

The State Bar of Georgia filed a Formal Complaint charging Respondent William Lewis Vaughn with eight counts of violating Standard 4 (lawyer shall not engage in professional conduct involving dishonesty, fraud, deceit, or wilful misrepresentation) of Bar Rule 4-102 (d). After a special master was appointed by this Court, Vaughn filed his second petition for voluntary discipline, his first petition admitting to a violation of Standard 46 (lawyer shall not conceal or knowingly fail to disclose that which he is required by law to reveal) of Bar Rule 4-102 (d) and requesting a public reprimand having been rejected by this Court on September 18, 2001. In his second petition, Vaughn admitted he violated Standard 4 when he photocopied a file stamp from the Bibb County Clerk’s office to make it appear that his client’s deed to secure debt had been recorded when it had not, and forwarded the falsely-stamped deed to his client under the pretense that it had been recorded. He sought a six-month to one-year suspension with reinstatement conditioned upon completion of one or more proposed conditions.

In its response to Vaughn’s petition, the State Bar asserted that Vaughn intentionally deceived his client and the court clerk, causing potential injury to his client and the court clerk. Accordingly, it recommended a suspension of one year and imposition of conditions as a prerequisite to reinstatement. The special master, having considered the testimony and argument of both parties at the hearing, concluded that Vaughn violated Standards 4 and 65 (failure to account for trust property held in a fiduciary capacity).¹ The special master noted the mitigating circumstances that Vaughn was experiencing personal and emotional problems; made full and free disclosure and displayed a cooperative attitude; was relatively inexperienced in the practice of law (having been admitted to practice in 1992); and showed genuine remorse and intent to learn from his mistakes. In aggravation, the special master observed that Vaughn made a negligent mistake that, if disclosed, would cause him to be denied future work from his client, and that he chose to be dishonest rather than face the consequences of his negligence. Based on the foregoing, the special master recommended a six-month suspension and imposition of the following conditions: (1) attend the State Bar’s Ethics Course within 90 days of this Court’s final order; (2) submit to and pass the Multi-State Professional Responsibility Exam; and/or (3) submit to the State Bar’s Lawyer Assistance Program (“LAP”) for evaluation, treatment for and monitoring of stress, anxiety and/or any other latent condition the LAP may determine appropriate.

We have reviewed the record and have come to the conclusion that a suspension of six months is an inappropriate sanction. In our view, given the fact that Vaughn’s dishonest conduct was perpetrated in connection with a court document, and thereby touched on the integrity of the legal process, a suspension of one year is imperative. We do agree, however, that imposition of all the above-described conditions as a prerequisite for reinstatement is an appropriate complement to the suspension in this case. Accordingly, Vaughn hereby is suspended from the practice of law in the state of Georgia for a period of 12 months from the date of this opinion, with reinstatement contingent upon all the conditions set forth by the special master. Vaughn is reminded of his duties under Bar Rule 4-219 (c).

Twelve-month suspension with conditions.

All the Justices concur, except Benham, J, who dissents.

1 According to Vaughn’s petition, the Investigative Panel voted to issue a Notice of Discipline charging him with violating Standards 4 and 65, but the parties agreed it would not be filed.