In the Matter of Leighton Reid Berry, Jr

A woman hired Leighton Reid Berry, Jr. to handle her personal injury case, but Berry never had her sign a written fee agreement and never explained his fees. Berry and the client both signed an agreement promising that a physical therapy provider would be paid out of any settlement. When Berry settled the case, he did not tell his client about the settlement, did not pay the therapy provider, and did not tell her he had skipped the payment. She only learned of the problem when the provider contacted her, and she ended up paying the bill herself. Berry then ignored inquiries from both his client and the provider, and he was found to have misappropriated the money meant for the provider. The State Bar tried to serve Berry personally and by mail but could not reach him, so it served him by publication. He never responded, putting him in default and admitting the facts. The Supreme Court of Georgia reviewed the record, including his history of prior discipline, and ordered him disbarred.

Because Berry defaulted and was deemed to have admitted mishandling and misappropriating his client's settlement funds intended for a medical provider, in violation of multiple Georgia Rules of Professional Conduct carrying a maximum sanction of disbarment, the court held that disbarment was the appropriate discipline.

The ruling removes a lawyer from practice in Georgia for mishandling client funds, protecting future clients from similar harm. It also signals to lawyers and clients alike that failing to pay third parties from settlement funds and ignoring inquiries can lead to disbarment.

Disbarred

1. Because Berry failed to respond to service by publication under the State Bar's rules, he was in default, meaning the facts alleged by the State Bar are deemed admitted without further proof.
2. Those admitted facts showed Berry violated several Georgia Rules of Professional Conduct, including rules on fee agreements, diligence, communication with clients, and safekeeping of client property, plus a rule against professional misconduct prejudicial to the administration of justice.
3. The court noted that violations of the rules on diligence, safekeeping client property, and conduct prejudicial to justice each carry a maximum possible sanction of disbarment.
4. The State Bar identified aggravating factors, including Berry's history of prior discipline, a dishonest and selfish motive, and his substantial experience practicing law, with no mitigating factors offered.
5. Relying on a similar prior case where an attorney was disbarred for depositing a client's settlement funds into her own account and failing to pay the client's share, the court concluded disbarment was the appropriate sanction here as well.

• attorney disbarment
• misappropriated settlement funds
• State Bar of Georgia
• personal injury settlement