On August 9, 2022, the Supreme Court of Georgia decided on the Petition for Voluntary Discipline against Attorney Dennis Robert Kurz, brought by Special Master Daniel Reinhardt.

The case is styled ‘In the Matter of Dennis Robert Kurz with Case #S22Y0779.

The charges cited violation of GRPC Rules 1.3,1.15 (I), and 1.15 (II) (b) which state:

A lawyer shall act with reasonable diligence and promptness in representing a client. Reasonable diligence as used in this rule means that a lawyer shall not without just cause to the detriment of the client in effect willfully abandon or willfully disregard a legal matter entrusted to the lawyer.

Generally requires that a client’s or third – party’s funds not be commingled with an attorney’s own funds.

Forbids an attorney from depositing personal funds into a trust account, except that unearned fees may be held in that account.

The rules of professional conduct can be found at https://www.gabar.org/barrules/georgia-rules-of-professional-conduct.cfm.

Summary of the filing shows:

Kurz effectively commingling personal and client funds occurred in 2016 in connection with Kurz’s representation of a client in pursuing civil claims related to the client’s employment. Immediately after the client paid the agreed-upon fee of $6,500 directly into Kurz’s trust account, Kurz transferred the funds to his operating account. Kurz and the client agreed that the matter for which the fee was paid might involve multiple parties or lawsuits, and as the matter proceeded, Kurz withdrew claims that had been asserted against a potential Georgia 6 defendant and filed suit against another defendant in New Jersey, where Kurz is also admitted to practice.

The filing Continues:

“With regard to SDBD No. 7487, the Bar’s investigation began in early 2019 after it was notified that Kurz’s trust account was overdrawn by $ 0 .09 by an Automated Clearing House payment from the account to Kurz’s personal American Express account. About a week later, Kurz deposited $250 into the account but then paid his American Express bill at a time when the trust account contained earned legal fees that had not yet been withdrawn. This resulted in his account being overdrawn by $4.33, but Kurz made a deposit within 11 days to cure it. During this time period, the account was overdrawn by $0.09 for one week and by $4.33 for 11 days but did not contain any client or third-party funds further alleges.”

The filing further alleges:

“The third instance uncovered by the Bar of Kurz effectively commingling funds occurred in 2014 and related to Kurz ’s representation of a client who worked for 10 years for a cleaning 7 subcontractor at a hospital. Kurz was retained by the client to pursue a civil action against the subcontractor. The client asserted that she was fired in violation of her employment contract, owed approximately 10 years in delinquent overtime pay, and owed tens of thousands of dollars for commercial cleaning equipment left at the hospital when she was fired. Kurz and the client agreed to a 40% contingency fee, with the client to be responsible for all costs of litigation. Following pre-trial proceedings and Kurz’s successful defense against the subcontractor’s motion for summary judgment, the matter proceeded to a jury trial. The jury returned a verdict in the client’s favor for $6,000, which was much less than Kurz and the client had expected. The subcontractor paid the judgment with a check, which Kurz deposited into his trust account. Kurz paid himself his 40% contingency fee and $867.42 in expenses but did so without written disclosure to his client. However, Kurz then decided to waive his contingency fee, but not the expenses, and ultimately wrote a check to his client from his trust account for $5,132.58.”

As of today, Mr. Kurz is listed on the website of law firm Kurz Law Group, LLC as a practicing attorney. His info can be found here.

He attended Seton Hall University Law School, graduating in 2001. Kurz practices in Atlanta, Georgia. He has been licensed in Georgia, license #24068183, as well in New Jersey, New York, Texas, and Washington.

A copy of the original filing can be found here.