ATLANTA, Ga. (Legal Newsline) — The Georgia Supreme Court recently decided disciplinary matters involving the disbarment of an attorney who was accused of misappropriating funds.
Timothy Orman McCalep, a member of the State Bar of Georgia since 2003, was accused of misappropriating client funds, failing to perform contracted legal services and non-cooperation with the disciplinary investigation, according to a decision handed down by the Georgia Supreme Court on Feb. 6.
The Bar sought McCalep's disbarment for abandoning multiple clients and violating various rules of professional conduct. The disciplinary matters against McCalep involved several instances of misconduct.
In one case, a client hired McCalep for a criminal and divorce matter. Despite paying a $10,000 retainer, the client never met McCalep in person, and he transferred the case to another attorney without her knowledge. This attorney denied working for McCalep and did not respond to the client's attempts to contact him.
The client repeatedly asked for updates on the case and was later contacted by someone who represented themselves to be an attorney but was not. McCalep later admitted knowing the person he had “transferred” the case to was not an actual attorney and was instead, his paralegal's husband. He failed to intervene in the misrepresentation of the person to the client.
In another case, McCalep was hired for a criminal matter but failed to file necessary motions or communicate with the client's legal team, resulting in a bench warrant for the client in another state, the decision states. McCalep then demanded more money from the client instead of providing a refund, despite not fulfilling his obligations.
Similar patterns of neglect and abandonment were found in several other cases, where McCalep failed to represent clients effectively, ignored their requests for refunds or information and allowed non-lawyer employees to handle legal matters improperly.
After eight grievances were filed against McCalep in 2021 and 2022, McCalep failed to respond to a formal complaint and the Bar filed a motion for default, which was granted by the Special Master.
The Georgia Supreme Court considered McCalep's prior disciplinary history, including a previous suspension and misconduct related to sexual misconduct with a client.
The Special Master found aggravating factors such as a dishonest motive, a pattern of misconduct and a refusal to acknowledge wrongdoing. McCalep's lack of response to the disciplinary proceedings and failure to make restitution were also noted.
Based on McCalep's severe and repeated misconduct, the Special Master recommended disbarment, which the Georgia Supreme Court upheld.
"Having reviewed the records in both cases, we conclude that disbarment is the appropriate sanction for McCalep’s severe misconduct in these matters and is consistent with the sanction imposed in similar cases," the court said in the decision. "Accordingly, it is hereby ordered that the name of Timothy Orman McCalep be removed from the rolls of persons authorized to practice law in the State of Georgia."
The court concluded that disbarment was appropriate given McCalep's actions, the serious harm caused to clients and the consistent sanction imposed in similar cases.
Attempts were made to reach Georgians for Lawsuit Reform, which is an organization that focuses on ensuring a fair and balanced civil justice system, and Reform Georgia, which is a justice policy think tank that focuses on both the state and local level, but neither responded to requests for comments.