Lawyer to Get Harsher Discipline Than Georgia Bar Recommended

An attorney facing discipline for the fifth time won’t get the voluntary public reprimand that the state bar and a judicial official approved because a harsher sanction is appropriate, the Georgia Supreme Court said Oct. 7.

Denise Hemmann admitted to dropping a client’s case and failing to communicate with him about it, according to the court. The disciplinary hearing on the matter is at least Hemmann’s third for similar conduct, the court said.

The special master hearing her case found Hemmann has taken “significant steps” in mitigation by adopting state bar-recommended changes to her office practices, according to the high court.

But there’s no explanation for “why it took Hemmann so long—and so many disciplinary actions—to take such steps,” the court said. A short suspension, not the reprimand Hemmann sought, is appropriate, the court said.

Hemmann admitted that she was retained to represent a client who wanted her to pursue a personal injury claim and a workers’ compensation claim. Although she sent some letters on behalf of her client, she allegedly took no further action on either case and stopped communicating with the client.

At least two of Hemmann’s prior disciplinary matters involved similar violations, the supreme court said in a per curiam opinion. While the court ruled out reprimand as too lenient, it also found disbarment inappropriate. “The primary purpose of attorney discipline is the protection of the public, and Hemmann’s belated improvements to her office practices will hopefully prevent any further instances of similar misconduct,” the court said.

The court denied Hemmann’s petition but didn’t order a specific suspension.

The case is In re Hemmann, 2019 BL 381462, Ga., No. S19Y1546., 10/7/19.