In the Matter of Stephen Vincent Fitzgerald, Jr

Stephen Vincent Fitzgerald, Jr. was admitted to practice law in Georgia in 1998 but voluntarily surrendered his law license in 2011 after admitting he failed to account for and distribute roughly $455,000 belonging to other people, violating rules that govern how lawyers must handle client money. In late 2019 he applied to be certified as fit to practice law again, describing a struggle with substance abuse behind his misconduct, his recovery and sobriety, his repayment efforts, family relationships, steady job, and community service. A board that screens bar applicants for fitness, called the Fitness Board, investigated, found no pending disciplinary matters against him, heard supportive statements from judges who knew him, and after an in-person conference concluded he had proven his rehabilitation. The Supreme Court of Georgia reviewed the full record and agreed, granting his application so he may be readmitted once he meets the remaining requirements, including passing the Georgia Bar Examination again.

The court held that Fitzgerald proved by clear and convincing evidence that he has been rehabilitated since surrendering his law license in 2011, and it granted his application for certification of fitness, allowing him to be readmitted once he satisfies remaining requirements, including passing the Georgia Bar Examination.

The decision lets a previously disbarred lawyer return to practicing law in Georgia after showing years of sobriety, repayment, and community involvement, illustrating the path and standard (clear and convincing evidence of rehabilitation) other lawyers seeking reinstatement must meet.

Certification of fitness for readmission granted

1. The court applied the rule from prior case law that a bar applicant seeking readmission must prove rehabilitation by clear and convincing evidence, a demanding standard requiring strong proof rather than a mere preponderance.
2. The Fitness Board investigated Fitzgerald's history and found no active grievances or pending disciplinary matters against him and confirmed no restitution was owed to the Client Security Fund, a fund that reimburses people harmed by lawyer misconduct.
3. Judges from the circuit where Fitzgerald had practiced, including one familiar with his participation in a Drug Court recovery program, reported no objection to his readmission and expressed confidence he should be readmitted.
4. At an informal conference, Fitzgerald acknowledged the harm caused by his addiction and misuse of client trust accounts, described his repayment efforts and community service, and detailed the steps he took to maintain sobriety since 2011.
5. Weighing Fitzgerald's testimony, written submissions, and letters of recommendation attesting to his integrity and empathy, the Fitness Board and then the Supreme Court of Georgia both concluded he had met his burden of proving rehabilitation.

• bar readmission
• attorney discipline
• substance abuse recovery
• client trust account violations
• fitness to practice law