On Tuesday, October 4, 2022, the Supreme Court of Georgia ruled on the consolidated report and recommendation by Special Master relating to two formal complaints against Alma attorney Franklin David McCrea.
The case titled In the Matter of Franklin David McCrea was brought by the State Bar of Georgia, Case # S22Y1157 and S22Y1158.
The record reflects that after the State Bar filed its two complaints, which were docketed as State Disciplinary Board Docket (“SDBD”) Nos. 7322 and 7448, McCrea participated in the disciplinary proceedings initially, but for the past 17 months, it appears that he has ignored the proceedings.
According to the filing:
“Based on McCrea’s admissions and his default, the following facts appear. In connection with SDBD 7322, McCrea represented a client in 2018in a federal criminal matter in which the client entered a guilty plea. The client retained appellate counsel to pursue post-conviction remedies, and appellate counsel contacted McCrea in late November 2018, asking that McCrea provide him with the client’s complete file. McCrea never provided the client’s file to appellate counsel, and the client’s appeal was ultimately dismissed.”
The filing continues:
“ In connection with SDBD 7448, McCrea was retained to represent a client in obtaining an uncontested divorce and was paid a flat fee of $950, but he failed to respond to inquiries from his client regarding the status of the case. In late November 2018, McCrea sent his client an email, stating that he would call later that afternoon and that the divorce would be final by January 2019 at the latest. However, the divorce was never finalized by McCrea, and the client retained another attorney to finalize the divorce.”
The Special Master sought for the Court to disbar Respondent for his violations of multiple provisions of the Georgia Rules of Professional Conduct specifically Rule 1.2(a), 1.3, 1.4(a)(3), 1.4(a)(4) , 1.6(d) and 9.3, which state:
A lawyer shall abide by the client’s decisions concerning the objectives of representation and shall consult with the client as to the means by which they are to be pursued.
A lawyer shall act with reasonable diligence and promptness in representing a client and shall not willfully abandon or disregard a legal matter entrusted to him.
A lawyer shall keep a client reasonably informed about the status of the matter.
A lawyer shall promptly comply with reasonable requests for information
Upon termination of representation, a lawyer shall take reasonable steps to protect a client’s interests, including surrendering papers.
During the investigation of a grievance against him, a lawyer shall respond to disciplinary authorities in accordance with State Bar Rules.
The Supreme Court of Georgia agreed with the Special Master that McCrea violated the rules cited.
The Special Master concluded that disbarment was the appropriate sanction for an attorney who abandons his client and fails to respond to disciplinary authorities.
Neither McCrea nor the State Bar sought a review of the Special Master’s report and recommendation, and McCrea failed to file exceptions to the same.
Accordingly, the Supreme Court of Georgia, having reviewed the record, agreed with the Special Master, stating among others:
“. . . that disbarment is consistent with prior cases in which an attorney has, indisputably, violated provisions of the GRPC that carry disbarment as a sanction and has failed to participate fully in the disciplinary process.”
The Order states:
“It is hereby ordered that the name of David Franklin McCrea be removed from the rolls of persons authorized to practice law in the State of Georgia. McCrea is reminded of his duties pursuant to Bar Rule 4-219 (b).
Disbarred. All the Justices concur.”
Mr. David Franklin McCrea earned his Law degree from Emory University. He had practiced in Alma, Georgia where he maintained his law office. McCrea had been licensed in Georgia, license # 486850. His info can be found on Lawyer Legion.
A copy of the original filing can be found here.
