On Wednesday, October 11, 2023, the Supreme Court of Georgia rejected a Notice of Discipline seeking a public reprimand for Attorney David Carleton Head.

The case is titled ‘In the Matter of David Carleton Head’ with case no. S23Y0635.

The Bar alleged that Head violated several provisions of the Georgia Rules of Professional Conduct, including Rule 1.3 (failure to act diligently), Rule 1.4(a)(4) (failure to respond to client requests), and Rules 1.16(a)(3), 1.16(c), and 1.16(d) (failure to timely withdraw). The Bar also mentioned Head’s previous disciplinary actions, including investigative panel reprimands in 2007 and 2008, and a letter of admonition in 2009.

In the disciplinary matter of David Carleton Head, the Supreme Court of Georgia received a Notice of Discipline seeking a public reprimand for Attorney Head’s abandonment of a client. The facts, admitted by Attorney Head’s default, revealed that he agreed to represent a client in a criminal matter in June 2020. Despite receiving a fee and representing the client at bond hearings, he failed to withdraw promptly after being informed by the client about the need for a public defender. He also neglected to respond to multiple requests for updates on his withdrawal. The client eventually obtained a public defender in January 2022. The Bar further argued that a public reprimand was the appropriate sanction based on the ABA Standards, as Head’s negligence and lack of reasonable diligence caused injury or potential injury to the client.

Mr. Head was personally served with the notice but failed to file a Notice of Rejection. As a result, he defaulted, waived his right to an evidentiary hearing, and became subject to disciplinary action. However, the Court rejected the Notice of Discipline because the Bar failed to provide details about Head’s prior disciplinary offenses. The Court found that the Bar’s filing did not sufficiently explain the nature of Head’s prior disciplinary offenses, making it challenging to assess their impact on the current case. Therefore, the Court advised the Bar to provide proper context in future filings. The Court also cautioned that if the Bar seeks a more severe sanction, Head should be given an opportunity to respond.

According to Avvo.com Attorney David Carleton Head is a criminal defense attorney in Carrollton, Georgia. He attended Cumberland L.S./Samford and was admitted to practice in Georgia in 1990.

A copy of the original filing can be found here.