In the Matter of Hillman James Toombs

A man hired attorney Hillman James Toombs to represent him in a divorce, mainly to secure custody of his daughter, which he won. But after the trial court ordered the client to pay his ex-wife's attorney fees, Toombs mishandled the response: a letter brief was sent to the wrong email address and a follow-up motion for reconsideration was never actually filed for over a year, even though Toombs told the client and the State Bar it had been filed. A Special Master found Toombs violated rules on client communication, honesty with the Bar, and professional conduct, and recommended disbarment. A Review Board agreed on the rule violations but recommended only a two-year suspension. Both Toombs and the State Bar objected. The Supreme Court of Georgia reviewed the record, upheld the factual findings and rule violations, but agreed with the Review Board that a two-year suspension, not disbarment, was the appropriate punishment given Toombs's good character evidence and remote prior offenses.

The court held that Toombs violated rules requiring client communication and honesty with the Bar by failing to keep his client informed and by falsely claiming he had filed a motion for reconsideration, but concluded a two-year suspension, rather than disbarment, was the appropriate sanction given his good character evidence and remote prior discipline.

The ruling shows Georgia lawyers face serious discipline, though not always disbarment, for lying to clients and the State Bar, even when the underlying legal work itself was competent. It also signals that good character evidence and old disciplinary history can lessen, but not erase, punishment for dishonesty.

Two-year suspension imposed

1. The court explained it defers to a special master's factual findings and credibility calls unless clearly erroneous, but reviews independently (de novo) which rules were violated and what discipline fits.
2. Applying that standard, the court found the Special Master reasonably concluded the client was a vulnerable disabled veteran and that Toombs failed to adequately communicate with him after the attorney fees award, supporting a violation of Rule 1.4, the duty to keep clients reasonably informed.
3. The court found clear and convincing evidence that Toombs violated Rule 8.1(a), which bars knowingly making false statements to the Bar during a disciplinary investigation, because he falsely told the Bar in December 2022 that a motion for reconsideration had been filed in August 2022 when it had not.
4. The same lies to his client and the Bar supported a finding that Toombs violated Rule 8.4(a)(4), which prohibits professional conduct involving dishonesty, fraud, deceit, or misrepresentation.
5. Weighing aggravating factors like dishonesty and prior discipline against mitigating factors like strong character evidence and the remoteness of his two earlier reprimands, the court agreed disbarment was too severe and a two-year suspension better fit the misconduct.

• attorney discipline
• State Bar of Georgia
• two-year suspension
• divorce case attorney fees
• dishonesty to client