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By Brian Malcom
I am not usually one to quote John Mayer, but it seemed appropriate here.
The Georgia Supreme Court gave a slap from the bench to both a former Greenberg Traurig associate and the State Bar of Georgia. The rapping follows a slap on the wrist by the State Bar of Georgia after an associate admitted that he stole about $493,000 between 2003 and 2009.
The associate, Michael J.C. Shaw, used fake identities to bill his firm for performing title examinations, skip traces and other investigative services as a bankruptcy and foreclosure associate at Greenberg. Following his admission, Shaw filed a voluntary petition requesting a 6-to-12 month retroactive suspension, though the maximum penalty available to the bar is disbarment. Georgia’s high court rejected the petition.
Despite Shaw’s troublesome personal life, his admission, and his restitution of $526,922 to his former firm, the Georgia Supreme Court wrote that Shaw was lucky not to be in prison for his actions. In a concurrence, Justice Nahmias also found it highly troubling that the State Bar of Georgia and Shaw believed that such a short “break” from the practice of law was appropriate for a six-year scheme to defraud a firm of nearly half-a-million dollars.
I happen to agree with the high court that a “six-month to one-year suspension is an inappropriate sanction in view of the scope and extent of Shaw’s fraudulent and deceptive conduct.” While Shaw had some personal issues that may have influenced his behavior, which is no excuse for what he did, Georgia’s high court has to think about the message it would send to give such a light punishment to such reprehensible conduct.
An attorney, or any member of society for that matter, should not be allowed to steal someone’s identity, misuse someone else’s SSN, and engage in a complicated scheme to defraud his company of nearly $500,000 and then walk away with what amounts to a long vacation plus a public “shame on you.” A multi-year suspension (like 3 to 5 years) is the absolute minimum that the state bar should seek, and that is only because Shaw was highly cooperative and mitigating factors exist. Certainly, no one would blame the state bar if they sought disbarment despite the mitigating factors. While disbarment is a serious penalty, Shaw would still be able to consider himself lucky if he stays out of prison.
What are your thoughts? The opinion is available here.
“Are you living it right?
Why, tell me why
Why, why [State Bar of] Georgia why?”
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