Q: Can an attorney continue to practice law in Georgia if they plead guilty to Wire Fraud a Felony?
I went through a high conflict divorce in Georgia. During the divorce proceedings the opposing counsel stole nearly 10 million in illegal PPP loans and was prosecuted. She plead guilty to one felony count of wire fraud on 11/12/20. Her plea agreement is all over the internet. I thought it was an automatic disbarment if an attorney was convicted of a felony and thought my attorney should let the judge but she felt it had no bearing. This attorney continues to file motion after motion and has ran up nearly a half million dollars in attorney fees which are now filed as liens against my home which I have been ordered to sell by the court. This doesn't even sound legal to me.
A: The State Bar of Georgia and the Georgia Supreme Court, in its supervisory role over the State Bar of Georgia, have wide discretion in determining what conduct constitutes disbarment. Thus, disbarment is not automatic simply because a licensed Georgia attorney pleads guilty to a felony. Further, your attorney is right, it would be irrelevant to tell the judge handling your divorce about the opposing attorney's felony plea because the State Bar of Georgia, in an administrative capacity, and the Georgia Supreme Court, in an appellate capacity, have jurisdiction over disbarment actions, not superior courts. However, if the opposing attorney is actually disbarred in Georgia and is still practicing law in Georgia, then alerting the superior court would likely become relevant.
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