In the Matter of Claud L. McIver III

Claud L. McIver III, a Georgia lawyer since 1973, was convicted by a Fulton County jury of felony murder, possessing a firearm during a crime, and influencing a witness. The Supreme Court of Georgia had suspended his law license while he appealed. On appeal, the court reversed the murder and firearm convictions but upheld the felony conviction for influencing a witness. Because that remaining conviction is a felony, McIver admitted he violated the rule barring lawyers from being convicted of a felony, an offense that carries disbarment as the maximum penalty. He asked to voluntarily give up his license rather than face formal disciplinary proceedings, and the State Bar did not object. The court reviewed the matter and agreed to accept his voluntary surrender, removing him from the rolls of lawyers allowed to practice in Georgia.

A lawyer convicted of a felony, here influencing a witness, may voluntarily surrender his law license rather than face formal disciplinary proceedings, and the court will accept such a petition when it is consistent with the outcome in similar prior cases and the State Bar does not object.

The decision permanently removes McIver from the practice of law in Georgia, protecting clients and the public from a lawyer with a felony conviction, and shows how the State Bar and court handle discipline when a criminal appeal partially succeeds.

Voluntary surrender of license accepted; name removed from rolls

1. The court noted that McIver's felony conviction for influencing a witness, a felony under Georgia law (O.C.G.A. § 16-10-93 (b)), survived his appeal even though his murder and firearm convictions were reversed.
2. Under Rule 8.4 (a) (2) of the Georgia Rules of Professional Conduct, a lawyer may not be convicted of a felony, and the maximum penalty for that violation is disbarment, so McIver's conviction exposed him to the harshest possible discipline.
3. The court compared this case to prior similar cases where lawyers convicted of influencing a witness and related offenses were allowed to voluntarily surrender their licenses, finding that outcome consistent with past practice.
4. Because McIver admitted the violation, the State Bar did not object, and the disposition matched precedent, the court accepted the voluntary surrender of his license, which is treated as equivalent to disbarment.

• attorney discipline
• voluntary surrender of license
• influencing a witness
• felony conviction
• disbarment