In the Matter of David R. Sicay-Perrow

A husband and wife hired attorney David R. Sicay-Perrow's law firm in 2013 to pursue a civil collections case. After winning a $100,000 settlement, Sicay-Perrow was supposed to deposit the money into a special trust account (called an IOLTA account) and pay the clients their share over time. Instead, he deposited the funds into his firm's regular business checking account, delayed and shorted payments, and later used other clients' trust funds to make some of the payments he owed this couple. When the clients pressed him, Sicay-Perrow gave excuses, including a false claim about theft by an office manager and a threat to file for bankruptcy, while concealing that his firm had gone into receivership. He eventually stopped paying altogether and became unreachable. The State Bar's investigation found repeated violations of trust account rules and dishonesty rules. Because Sicay-Perrow did not respond to the disciplinary proceeding, he was in default, and the Supreme Court of Georgia agreed disbarment was the appropriate punishment.

The court held that Sicay-Perrow's mishandling of client trust funds, including depositing settlement money into his business account rather than his IOLTA trust account, misappropriating other clients' funds to cover payments, and making dishonest representations to clients, warranted disbarment as the maximum sanction for these violations.

The case shows how Georgia's attorney discipline system responds when a lawyer mishandles client trust funds and misleads clients, resulting in permanent removal from practice. It reassures clients that misappropriating settlement money and using one client's funds to pay another carries the most severe professional consequence.

Disbarred

1. Because Sicay-Perrow failed to respond to the State Bar's Notice of Discipline after being served by publication, he was found in default under the Bar's disciplinary rules, waiving his right to a hearing and accepting the facts as established.
2. The State Bar's investigation showed Sicay-Perrow violated trust account rules (Rule 1.15) by depositing settlement funds into his business checking account instead of his required client trust account (called an IOLTA account), and by failing to keep enough money in that trust account to repay his clients.
3. The investigation also showed he violated the rule against dishonesty (Rule 8.4(a)(4)) by misrepresenting why payments were delayed, concealing that his firm was in receivership, and using funds belonging to other clients to make disbursements to this couple.
4. The court weighed aggravating factors identified by the State Bar's Disciplinary Board, including Sicay-Perrow's prior disciplinary suspension, his pattern of dishonesty affecting multiple clients, and his 30 years of legal experience, with no mitigating factors found.
5. Relying on prior Georgia disbarment cases involving similar trust account misuse and dishonesty, the court concluded that disbarment, the maximum sanction available for these rule violations, was the appropriate outcome.

• attorney disbarment
• misappropriated client funds
• trust account violations
• State Bar discipline