Georgia Commons

Supreme Court of Georgia · bar discipline

In the Matter of Carl Lawrence Collins

Filed November 7, 2023 · Docket S23Y1064 · 895 S.E.2d 282

The Supreme Court of Georgia suspended attorney Carl Lawrence Collins from practicing law while he appeals his federal tax fraud convictions, accepting his own request for the interim suspension.

In plain language

Carl Lawrence Collins, a member of the State Bar of Georgia since 2014, was found guilty in a federal court in Michigan of five counts of filing false tax returns. Because those convictions violate the ethics rule barring lawyers from committing serious crimes, Collins asked the Supreme Court of Georgia to voluntarily suspend his law license while he appeals the convictions, rather than face other proceedings while the appeal is pending. The State Bar did not object, and the special master assigned to review the case recommended accepting Collins's request. The Supreme Court of Georgia agreed, ordering Collins suspended from practicing law until his appeal is finished and the court issues further orders, and requiring him to notify the Bar in writing once his appeal is resolved.

What the court decided

The court accepted Collins's petition for voluntary interim suspension, holding that his federal convictions for filing false tax returns violate the rule against lawyers committing crimes that reflect adversely on their fitness to practice, warranting suspension pending his appeal.

Why it matters

The case shows how Georgia protects clients and the legal system by removing lawyers from practice once they are convicted of serious crimes, even while an appeal is still pending, rather than waiting years for a final resolution.

Outcome

Petition for interim suspension accepted; suspended until further order

How the court got there

  1. Collins admitted he was convicted in federal court of five counts of filing false tax returns, and that these convictions violate Rule 8.4(a)(2) of the Georgia Rules of Professional Conduct, which bars lawyers from committing crimes reflecting adversely on their honesty or fitness to practice law.
  2. The maximum penalty for that rule violation is disbarment, meaning permanent loss of the right to practice law, so a suspension while the appeal is pending is a lesser, temporary measure.
  3. The State Bar did not oppose Collins's request, and the special master, an officer appointed to review bar discipline matters, recommended that the court accept the petition.
  4. Relying on prior cases where the court accepted similar voluntary suspension requests during a pending criminal appeal, the court found it appropriate to grant Collins's petition on the same basis.

Topics

  • attorney suspension
  • tax fraud conviction
  • State Bar of Georgia
  • interim suspension

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In the Matter of Carl Lawrence Collins | Georgia Commons