In the Matter of Jerry Boykin

Jerry Boykin, a lawyer who had been a member of the State Bar since 1973 but had been unable to practice because of a disability status since 2018, filed a petition to probate a will in 2020. When he learned a later will named different co-executors, he tried to get one of the executors to give up his role to speed things along. That executor refused, so Boykin forged the executor's signature on a document saying he had renounced the position, had the forged signature notarized, and filed it with the probate court. Boykin admitted this violated Georgia's rules against practicing law while not authorized to do so and against engaging in conduct involving dishonesty. Before the State Bar filed formal charges, he asked to voluntarily give up his law license, which under the rules counts the same as being disbarred. The Supreme Court of Georgia reviewed the matter and agreed to accept his surrender.

Because Boykin admitted forging a court document and violating the Georgia Rules of Professional Conduct governing unauthorized practice and dishonest conduct, the court accepted his voluntary surrender of his law license, which is treated the same as disbarment.

The case shows how Georgia's attorney discipline system handles serious misconduct, forging court documents, by letting a lawyer surrender his license before a formal disciplinary trial. It reassures the public and the probate courts that fabricated filings by attorneys carry the most severe professional consequence available.

Voluntary surrender of license accepted (tantamount to disbarment)

1. Boykin, in his own petition, admitted forging a co-executor's signature on a renunciation affidavit and having it notarized before filing it with the probate court, which the court took as an established fact.
2. This conduct violated Rule 5.5(a), which bars practicing law without authorization, and Rule 8.4(a)(4), which prohibits professional conduct involving dishonesty, fraud, deceit, or misrepresentation, both found in the State Bar's Rules of Professional Conduct.
3. Under the Bar's rules, the maximum penalty for violating either of these rules is disbarment, and a lawyer's voluntary surrender of his license is treated as equivalent to disbarment (Bar Rule 1.0(r)).
4. Because the State Bar itself recommended accepting the petition and the court's review of the record supported the admitted violations, the court agreed to accept the surrender rather than requiring a formal disciplinary complaint and hearing.

• attorney discipline
• license surrender
• forged signature
• probate court
• State Bar of Georgia