ATLANTA, Ga. (Legal Newsline) — The Georgia Supreme Court recently rendered a decision regarding disciplinary matters involving an attorney who voluntarily surrendered his license ahead of being disbarred after he was accused of failing to pursue several client claims, which resulted in dismissal due to the expiration of the statute of limitations.
R. Dale Perry was an attorney in Georgia who had previously received a formal letter of admonition and a six-month suspension from the court, according to a decision by the Georgia Supreme Court on Jan. 17.
The case was brought before the court based on the report and recommendation of Special Master Patrick H. Head, who suggested disbarment for Perry due to his violations of several rules in the Georgia Rules of Professional Conduct in three separate client cases.
The Special Master recommended disbarment due to the severity of the violations, Perry's failure to respond to the complaints against him and his previous disciplinary history.
Perry, who has been a member of the State Bar of Georgia beginning in 1981, was found to be in default for failing to respond to the formal complaint. This meant that the factual allegations and disciplinary violations charged in the complaints were deemed admitted. The court then proceeded to review the details of the cases.
In the first matter, Perry was hired for a divorce case in July 2020. He failed to consult with the client about case strategy, did not keep the client informed about the case's status and did not respond to inquiries, the decision notes.
Perry also failed to respond to discovery requests, resulting in sanctions against him and the client. When the client terminated the representation, Perry did not properly withdraw or return the client’s file.
In the second matter, Perry was hired for a divorce case in September 2020. For a year, he did not consult with the client about objectives, keep the client informed, respond to requests for information or withdraw timely after termination, according to the court document.
In the third matter, Perry was hired for a divorce case in August 2021 and received a $6,000 retainer. He stopped communicating with the client, did not respond to attempts to contact him, did not inform the client about a motion to compel and failed to respond to requests for an accounting of the retainer.
Perry also did not respond to the petition for fee arbitration filed by the client. The arbitrators awarded the client $6,000, stating that Perry abandoned the client and provided no value in legal services. Perry refunded the money in December 2022.
The Special Master found Perry violated various rules including abandonment of clients, lack of diligence, failure to communicate, failure to return client files, failure to expedite litigation and failure to refund unearned retainers. The Special Master applied the American Bar Association Standards for Imposing Lawyer Sanctions, considering the duty violated, Perry's mental state, the injury caused and aggravating and mitigating factors.
The Georgia Supreme Court ordered the disbarment of Perry, removing his authorization to practice law in the state. All Justices concurred with this decision, except for Justice Shawn Ellen LaGrua, who dissented.
LaGrua wrote that disbarment is the most serious sanction, typically reserved for cases where a lawyer fails to respond to formal proceedings. She notes the difficulty lawyers may face in recognizing when they are struggling due to stress, depression or health issues. She points to resources like the Lawyers Assistance Program, SOLACE program and Georgia Lawyers Helping Lawyers, highlighting the support available to members of the legal community.
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.