In the Matter of Daniel Lee Dean

Daniel Lee Dean, a Georgia attorney since 1977, is undergoing treatment for terminal cancer. The court had already appointed receivers to take over his client files and accounts after finding he was too impaired by illness to properly represent clients. Three grievances alleging numerous violations of Georgia's professional conduct rules, some serious enough to warrant disbarment, had been filed against him. Rather than face a formal disciplinary complaint, Dean asked the court to accept the voluntary surrender of his law license, acknowledging some factual basis for several rule violations while disputing other allegations. He promised never to seek reinstatement even if he recovers. The State Bar supported his request. The Supreme Court of Georgia agreed, accepting the surrender as tantamount to disbarment and removing Dean's name from the rolls of attorneys authorized to practice law in Georgia.

The court held that Dean's petition to voluntarily surrender his law license under Bar Rule 4-104 in lieu of formal discipline should be accepted, treating the surrender as equivalent to disbarment given the acknowledged factual basis for multiple rule violations.

The decision permanently removes an attorney from practice, protecting his clients and the public from further harm, while resolving pending misconduct grievances without a lengthy disciplinary trial. It also confirms that the State Bar can wind up sensitive terminal-illness cases through voluntary surrender rather than contested proceedings.

Voluntary surrender of license accepted, tantamount to disbarment

1. Bar Rule 4-227 (b) (2) allows an attorney to petition for voluntary surrender of his license before a formal disciplinary complaint is filed, offering an alternative path to resolving misconduct allegations.
2. The court had already found, in a separate proceeding appointing receivers for Dean's files, that his terminal illness left him unable to properly represent his clients, establishing a factual basis for concern about his fitness to practice.
3. Dean acknowledged some factual basis supporting violations of several specific Georgia Rules of Professional Conduct (covering competence, communication, fees, safekeeping client property, and honesty), even though he disputed other allegations in the three pending grievances.
4. Because the State Bar supported accepting the surrender and Dean promised never to seek reinstatement, the court concluded that accepting the petition under Bar Rule 4-104 was appropriate and equivalent in effect to disbarment.

• attorney discipline
• voluntary surrender of license
• State Bar of Georgia
• terminal illness
• disbarment