In the Matter of Sawand Palmer

Sawand Palmer, a Georgia lawyer since 2010, had her license indefinitely suspended in April 2018 for failing to complete required continuing legal education. Despite that suspension, she filed a court appearance notice and represented a client at two hearings in May 2018, including questioning witnesses at a bond hearing. After a judge told her about her suspension and she confirmed it with the State Bar, she nonetheless appeared at another hearing days later in a different county. Palmer admitted to the State Bar that this conduct violated the rule against practicing law while under a suspension, and she asked the Supreme Court of Georgia to accept a voluntary discipline petition rather than face a full disciplinary trial. A special master reviewed mitigating factors, including her father's death, past trauma, financial hardship, and mental health treatment, and recommended a short suspension with conditions. The court agreed and imposed a three-month suspension with conditions on her reinstatement.

The court held that Palmer violated the rule barring lawyers from practicing law in violation of licensing regulations by appearing in court and representing clients while under an active suspension, and it imposed a three-month suspension with conditions on reinstatement rather than the maximum penalty of disbarment.

The decision shows Georgia lawyers can face real discipline, even suspension, for practicing while barred, but also that mental health struggles and cooperation with the Bar can soften the penalty. Clients and courts rely on knowing whether an attorney is actually licensed to appear.

Petition for voluntary discipline accepted; three-month suspension with conditions

1. The special master found that Palmer admitted violating Rule 5.5(a) of the Georgia Rules of Professional Conduct, which bars a lawyer from practicing law in violation of that jurisdiction's licensing rules, by appearing in court while under an indefinite suspension.
2. In weighing punishment, the court considered aggravating factors, noting only Palmer's substantial experience as a lawyer counted against her.
3. The court also weighed several mitigating factors, including her good-faith effort to fix the continuing-education problem that caused her suspension, her full cooperation and disclosure to the Bar, her ongoing mental health counseling, and her remorse.
4. Looking to a comparable prior case, In the Matter of Polk, where a three-month suspension was imposed for similar conduct involving emotional distress as a mitigating factor, the court found a similar sanction appropriate here.
5. Based on this balancing of aggravating and mitigating circumstances, the court accepted the voluntary discipline petition and set the suspension at three months, conditioned on Palmer meeting specific reinstatement requirements like medication compliance, therapy, and continuing education.

• attorney discipline
• law license suspension
• State Bar of Georgia
• unauthorized practice of law
• voluntary discipline petition