No Matter How Bad It Is, Always Participate In the Disciplinary Process

No Matter How Bad It Is, Always Participate In the Disciplinary Process

The Georgia Supreme Court accepted a Special Master’s recommendation to disbar a lawyer, William Joseph Cloud. The court noted that the lawyer failed to respond to disciplinary complaints arising from two client matters. Cloud, who had been administratively suspended in 2021 for failing to pay bar dues, was deemed to have admitted all factual allegations because he defaulted in the disciplinary proceedings.

Facts: In one matter a tattoo‑business client paid Cloud $2,500 to pursue litigation; after Cloud became ineligible to practice he failed to notify the court or client, ignored discovery, and the client suffered a default judgment and paid a $500 sanction before hiring new counsel. In the other matter a client entrusted Cloud $12,000 to redeem property sold at tax sale; Cloud never used or returned the funds and the client lost the opportunity to reclaim the property.

Rule violations and harm: The court found (by default) multiple ethics breaches, including abandonment of client matters, failures to communicate, mishandling and conversion of client funds, practicing while ineligible, and dishonesty. The misconduct caused actual harm — monetary loss and litigational prejudice — and was deemed knowing rather than merely negligent.

The court cited certain aggravating factors: conversion of client funds, pattern of neglect, multiple offenses, and substantial experience in practice. The only mitigating factor was a clean disciplinary record prior to these matters.

The Georgia Supreme Court accepted the Special Master’s recommendation and ordered Cloud disbarred.

Comments: Always participate in the process. Acknowledge that you made a mistake, even if you are going to face a severe sanction. Then you can at least apply for reinstatement or get on with your life in another trade or business. We can often help you resolve a matter, even an awful one, if you participate, say are sorry and try to make it right.

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