On Tuesday, September 20, 2022, the Supreme Court of Georgia ruled on charges for attorney discipline against Atlanta attorney Joseph Arrington II.

The case, titled In the Matter of Joseph Arrington II, was brought by the State Bar of Georgia. Case #S22Y1106.

The charges cited Arrington’s violations of Rule 1.15(I)a, and 1.15(II)b of the Georgia Rules of Professional Conduct, which state:

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. Funds shall be kept in one or more separate accounts maintained in an approved institution as defined by Rule 1.15 (III) (c) (1). Other property shall be identified as such and appropriately safeguarded. Complete records of such account funds and other property shall be kept by the lawyer and shall be preserved for a period of six years after termination of the representation.

No personal funds shall ever be deposited in a lawyer’s trust account, except that unearned attorney’s fees may be so held until the same are earned. Sufficient personal funds of the lawyer may be kept in the trust account to cover maintenance fees such as service charges on the account. Records on such trust accounts shall be so kept and maintained as to reflect at all times the exact balance held for each client or third person. No funds shall be withdrawn from such trust accounts for the personal use of the lawyer maintaining the account except earned lawyer’s fees debited against the account of a specific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.

The notice of discipline filed by the State Bar seeks Arrington’s disbarment  and alleges the following:

  • that Arrington paid his 2017-2018 Bar dues with a check drawing on his trust account;
  • that he made deposits to his trust account from his personal account and “his American Funds account”;
  • that he made payments from his trust account that appeared to be related to personal expenses – to “American Funds Balance”, to “Prog Mountain” for an insurance premium, and to someone who appeared to be a family member; and
  • that on multiple occasions, he made cash withdrawals from his trust account in amounts ranging from$25 to$350.

According to the filing:

“The State Bar also filed a motion for default, which included proof of service showing the following: the State Bar sent the notice of discipline and an acknowledgment of service form by first class mail to the address Arrington listed with the State Bar’smembership department, see Bar Rule 4-203.1 (a); personal service was attempted, but the State bar’s investigator, who is authorized to serve process, stated that he was unable to locate Arrington at the listed address. . . Arrington did not acknowledge service; thereafter, the State Bar perfected service by publication. In its motion, the State Bar stated that Arrington had not filed a notice of rejection, and the State Bar requested that this Court disbar Arrington.”

The filing continues:

“In May 2020, the Court issued an order, rejecting the Bar’s recommendation and stating that the sanction of disbarment was not appropriate given the limited record before it and the allegations contained in the notice of discipline. . . the Court also referred the matter to a special master for an evidentiary hearing “to determine with more clarity and specificity the nature and severity of Arrington’s conduct.”

The filing additionally notes:

“Shortly after the special master was appointed, the Bar served requests for admission on Arrington, to which he did not respond. Arrington was provided notice by certified mail of the evidentiary hearing, and the State Bar attempted personal service as well. However, Arrington did not attend the hearing, and there is no indication in the record that he has made any attempt to communicate with the State Bar or the Special Master about this matter.”

Based upon the facts deemed admitted by Arrington’s failure to respond to the requests for admission, the Special Master issued his report and recommendation, which found, that Arrington knowingly used funds in his trust account for his personal use and for purposes unrelated to a client; knowingly deposited personal checks into his trust account; knowingly co-mingled personal and client funds in his trust account; and knowingly failed to keep client funds separate from his own personal funds.

The Supreme Court of Georgia, agreed with the Special Master’s findings and recommendation, stating among others:

“Having reviewed the record, we agree that disbarment is the appropriate sanction for Arrington’s violations of the rules governing trust accounts.

Accordingly, the Court ordered that the name of Joseph Arrington II  be removed from the rolls of persons authorized to practice law in the State of Georgia.

Mr. Arrington II earned his Juris Doctor degree from Emory University, graduating in 1996. He has practiced in Atlanta, Georgia. He has been licensed in Georgia. His info can be found on LinkedIn.

A copy of the original filing can be found here.