In the Matter of Don Smart

Don Smart, a lawyer admitted to practice in Georgia since 1975, was hired to help administer an estate. As part of that work he sold real property belonging to the estate and deposited the proceeds, over $509,000, into his trust account. Instead of turning that money over to the estate, he kept it for himself. He later pleaded guilty in Chatham County Superior Court to theft by conversion. Smart asked the Supreme Court of Georgia for permission to voluntarily give up his law license rather than go through disciplinary proceedings, admitting his conduct violated several rules governing how lawyers must handle client and trust funds. The State Bar of Georgia asked the court to accept his request. The court agreed, treating the voluntary surrender the same as disbarment and ordering his name removed from the list of lawyers allowed to practice in Georgia.

An attorney who admits to converting estate funds held in his trust account for personal use, in violation of the Georgia Rules of Professional Conduct governing trust accounts and misconduct, may have his petition for voluntary surrender of license accepted, which the court treats as equivalent to disbarment.

The case shows how Georgia enforces trust account rules meant to protect clients and estates from lawyers who mishandle money. Removing Smart from practice protects future clients, while the underlying theft conviction and estate loss remain consequences for the people harmed.

Voluntary surrender of license accepted (equivalent to disbarment)

1. Smart pleaded guilty to theft by conversion after selling estate real property, depositing the proceeds into his trust account, and then using the money for himself instead of giving it to the estate.
2. Under the Georgia Rules of Professional Conduct (Bar Rule 4-102 (d)), this conduct violated rules requiring lawyers to safeguard client and trust funds (Rules 1.15 (I) (c) and 1.15 (II) (b)) and the rule against criminal acts reflecting on fitness to practice (Rule 8.4 (a) (2)), each carrying disbarment as the maximum penalty.
3. Smart filed a petition to voluntarily surrender his law license under Bar Rule 4-227 (b) (2), and the State Bar filed a response asking the court to accept it.
4. Because voluntary surrender of a license is treated as equivalent to disbarment under the Bar's rules, and both Smart and the State Bar agreed to that outcome, the court accepted the petition and ordered his name struck from the roll of Georgia lawyers.

• attorney disbarment
• theft by conversion
• estate administration
• trust account violation
• State Bar of Georgia