On Tuesday, August 9, 2022, the Supreme Court of Georgia decided on the acceptance of the Petition for voluntary surrender of the license of Union City Attorney Amber Holly Bunch. The petition was brought by Special Master Delia T. Crouch.
The case is styled ‘In the Matter of Amber Holly Bunch with Case No. S22Y0917.
The charges cited rules of professional conduct Rules 1.3,1.15 (I) (a), 1.15 (I) (c), 1.15 (II) (a), 1.15 (II)(b), and 3.2.: GRPC Rules 1.3, which states:
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.
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.
Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property.
Every lawyer who practices law in Georgia, whether said lawyer practices as a sole practitioner, or as a member of a firm, association, or professional corporation, and who receives money or property on behalf of a client or in any other fiduciary capacity, shall maintain or have available one or more trust accounts as required by these rules. All funds held by a lawyer for a client and all funds held by a lawyer in any other fiduciary capacity shall be deposited in and administered from a trust account.
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.
A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.
The rules of professional conduct can be found here.
The following are as alleged and summarized from the filing.
In her petition, Bunch, the respondent requested that she be allowed to voluntarily surrender her license for her admitted violations, in two separate but related matters, of Rules 1.3, 1.15 (I) (a), 1.15 (I) (c),1.15 (II) (a), 1.15 (II)(b), and 3.2 of the Georgia Rules of Professional Conduct found in Bar Rule 4-102 (d).
She admitted that she failed to safeguard the settlement funds and allowed the balance in her trust account to fall below the amount she should have held for the client, and she also failed to maintain records reflecting the balance held for her client in the IOLT Account. In addition, Bunch maintained personal funds in her IOLTA account during the same time she held funds for the client she withdrew funds for her personal use; and she did not deliver the settlement funds to her client. She further admitted that she used personal funds to disburse the settlement.
The filing states that:
Bunch admitted that she violated Rules 1.15 (II)(a) and 1.15 (II) (b)by failing to administer client funds from a trust account, by failing to maintain records reflecting the balance held for her client,and at times having a lower balance in her trust account than the amount she should have been holding for her client. Bunch also admitted that she could not ascertain from her existing records when the client’s money had been withdrawn and for what purpose. Next, Bunch admitted that she violated Rule 3.2 by failing to respond to discovery and motions filed against the client in order to expedite the litigation consistent with the client’s interests. Finally, as to SDBD No. 7508, Bunch admitted that based on her conduct she violated Rules1.15 (I) (a) and 1.15 (II) (b)by failing to safeguard client funds,by commingling client and personal funds in her trust account, and by failing to keep records of client funds, including the exact balance held for each client.
Having reviewed the record, the Court agreed to accept the Special Master’s recommendation, which is consistent with prior, similar cases.
The Disposition states that:
Accordingly, it is ordered that the name of Amber Holly Bunch be removed from the rolls of persons authorized to practice law in the State of Georgia. Bunch is reminded of her duties pursuant to Bar Rule 4-219 (b).
As of today, Ms. Bunch is listed on the website of law firm Bunch Legal Group, P.C as a practicing attorney. Her info can be found online at https://www.martindale.com/attorney/ms-amber-holly-bunch-300038600/. She attended John Marshall Law School, graduating in 2015. Bunch practices in Union City, Georgia.
A copy of the original filing can be found here
