Georgia Attorney Disbarred for Abandoning Client

A Georgia attorney who abandoned his client after taking $8,000 from them and failing to respond to a notice of investigation by the state disciplinary board was disbarred by the state supreme court.

Scott D. Bennett failed to respond to any of the allegations set out against him so he is in default and “subject to such discipline and further proceedings as may be determined by this Court,” the Georgia Supreme Court’s Dec. 23 opinion said.

Bennett represented the client in a lease dispute, according to the opinion. The parties negotiated an $8,000 settlement, and the client sent Bennett the funds to forward to the opposing party once the settlement was executed.

Instead, the court said Bennett deposited the check, sent draft settlement documents to the plaintiff’s counsel, and then failed to take any more steps in the case.

His client was ordered to pay the $8,000 and $2,500 in attorney fees for “bad faith in failing to conclude the settlement,” the court said. Bennett failed to notify the client of the order, failed to communicate with the client’s new counsel, and failed to return the $8,000.

The state disciplinary board found his behavior violated professional conduct rules relating to scope of representation, diligence in representing a client, safeguarding client property, expediting litigation consistent with the client’s interest, and acting dishonestly.

Aggravating factors include his failure to respond to the investigation and his “significant experience” in the practice of law, the court noted. His lack of disciplinary history is the only mitigating factor, it said.

All these factors as well as the sanctions imposed in similar disciplinary cases warrant disbarment, the court concluded.

The case is In re Bennett, 2019 BL 489954, Ga., No. S19Y0831, 12/23/19.