--- title: In the Matter of Stephen Vincent Fitzgerald, Jr collection: opinions id: S21Z0449 cite_as: In the Matter of Stephen Vincent Fitzgerald, Jr, 310 Ga. 754 (2021) canonical_url: https://georgiacommons.org/opinions/S21Z0449 md_url: https://georgiacommons.org/opinions/S21Z0449.md text_url: https://georgiacommons.org/opinions/S21Z0449/text source_url: https://www.courtlistener.com/opinion/10367881/in-the-matter-of-stephen-vincent-fitzgerald-jr/ date: 2021-02-01 status: published corpus_version: opinions-2026-09-14 license: Public record of the Supreme Court of Georgia, via CourtListener and the court's own website; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/opinions/2021.md previous: https://georgiacommons.org/opinions/S21Y0355.md next: https://georgiacommons.org/opinions/S20A1571.md index: https://georgiacommons.org/opinions/index.md omitted: opinion extras omitted_chars: 1854 omitted_url: https://georgiacommons.org/opinions/S21Z0449.md?full=1 docket: S21Z0449 citation: 310 Ga. 754 court: Supreme Court of Georgia case_type: bar discipline authoring_justice: Per Curiam disposition: Certification of fitness for readmission granted vote: All the Justices concur word_count: 803 date_filed_source: courtlistener citations: - 854 S.E.2d 516 record_source: courtlistener legal_areas: - professional discipline - civil upstream_id: "10367881" summaries_model: claude-sonnet-5 --- # In the Matter of Stephen Vincent Fitzgerald, Jr Supreme Court of Georgia, docket S21Z0449, filed 2021-02-01, 310 Ga. 754. ## Opinion 310 Ga. 754 FINAL COPY S21Z0449. IN THE MATTER OF STEPHEN VINCENT FITZGERALD, JR. PER CURIAM. This matter is before the Court on the Application for Certification of Fitness to Practice Law, pursuant to Part A, Section 10 of the Rules Governing Admission to the Practice of Law in Georgia (the “Rules”), submitted by Stephen Vincent Fitzgerald, Jr. Fitzgerald was originally admitted to the practice of law in 1998 but voluntarily surrendered his license to practice law in 2011 after admitting a failure to account for and distribute approximately $455,000 of funds belonging to third parties, in violation of the Georgia Rules of Professional Conduct 1.15 (I) and (II), found at Bar Rule 4-102 (d). See In the Matter of Fitzgerald, 289 Ga. 745 (715 SE2d 135) (2011). Fitzgerald now seeks readmission, and, following review of his application and his appearance at an informal conference, the Board to Determine Fitness of Bar Applicants (the “Fitness Board”) voted to recommend granting Fitzgerald’s application. The application is now before this Court for final adjudication. See Bar Admission Rules, Part A, Section 10 (e) (“[t]he Supreme Court shall make the final determination regarding certification of fitness” of attorneys applying for readmission to the practice of law). On December 4, 2019, Fitzgerald filed an Application for Certification of Fitness to Practice Law, in which he took responsibility for his actions; expressed remorse that his actions diminished the trust that the general public places in the legal profession; explained that the conduct that led to the voluntary surrender of his license was the result of a serious struggle with substance abuse; and described his efforts to become sober and maintain his sobriety. He detailed his now close relationship with his family; his current, stable employment; and his community service work. In addition to his statement of rehabilitation, Fitzgerald submitted letters of recommendation from several individuals, including attorneys and his therapist, all of whom attest to Fitzgerald’s integrity and empathy and to his potential to once again become a productive member of the Bar. Through its investigation, the Fitness Board determined that no active grievances or other disciplinary matters against Fitzgerald are pending before the State Bar and that no restitution was required to be made to the Client Security Fund.1 In addition, once notified of Fitzgerald’s intent to seek readmission to the Bar, the Chief Judge of the Northeastern Judicial Circuit, where Fitzgerald primarily had practiced, indicated that she had spoken to other judges in the circuit and that they had no objection to Fitzgerald’s readmission. Further, another judge in Hall County wrote separately about Fitzgerald’s participation in the county’s Drug 1 Fitzgerald told the Fitness Board that his financial malfeasance harmed two victims, a title insurance company and a revocable trust. He reported that the title insurance company did not respond to his later inquiries and that he discharged that debt in bankruptcy. He reported that he did not discharge his debt to the trust and now makes monthly payments on it. He said he hoped to increase his payments if readmitted as a licensed attorney. Court, reporting that he was convinced that Fitzgerald should be readmitted to the Bar.2 At an informal conference convened before the Fitness Board, Fitzgerald acknowledged that he left a “trail of destruction” in the wake of his addiction and misuse of trust accounts; described his efforts to remediate the harm his actions caused, detailing repayment efforts and community service; and reported on the various steps he has taken to maintain his sobriety since December 2011. After considering Fitzgerald’s testimony and written submissions, the Fitness Board concluded that he had, by clear and convincing evidence, carried his burden of demonstrating rehabilitation. See In re Cason, 249 Ga. 806, 808 (294 SE2d 520) (1982) (bar admission applicant bears burden to establish rehabilitation by clear and convincing evidence). Upon consideration of the entire record, we likewise conclude that Fitzgerald has shown that he is entitled to be certified as fit to 2 Fitzgerald reports that he successfully completed the Drug Court program in 2013. practice law in Georgia. Accordingly, as it appears that Fitzgerald has satisfied all of the requirements for approval of his application for certification of fitness, see Bar Admission Rules, Part A, Section 10, this Court hereby grants Fitzgerald’s application for certification of fitness and orders that, upon satisfaction of all the requirements of Part B of the Rules, including taking and passing the Georgia Bar Examination, Fitzgerald may be readmitted as an attorney licensed to practice law in the State of Georgia. Certification of fitness for readmission granted. All the Justices concur. DECIDED FEBRUARY 1, 2021. Certification of fitness to practice law. Heidi M. Faenza, Rebecca S. Mick, Russell D. Willard, Senior Assistant Attorney General, Elizabeth T. Young, Assistant Attorney General, for Office of Bar Admissions. Gene Chapman, for Fitzgerald. ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the opinion above and is not part of the court's opinion. Quote the opinion, not the summary. The Supreme Court of Georgia granted a former attorney's application to be certified fit to practice law again, nearly a decade after he surrendered his license for mishandling about $455,000 in client funds. ### Plain-language summary Stephen Vincent Fitzgerald, Jr. was admitted to practice law in Georgia in 1998 but voluntarily surrendered his law license in 2011 after admitting he failed to account for and distribute roughly $455,000 belonging to other people, violating rules that govern how lawyers must handle client money. In late 2019 he applied to be certified as fit to practice law again, describing a struggle with substance abuse behind his misconduct, his recovery and sobriety, his repayment efforts, family relationships, steady job, and community service. A board that screens bar applicants for fitness, called the Fitness Board, investigated, found no pending disciplinary matters against him, heard supportive statements from judges who knew him, and after an in-person conference concluded he had proven his rehabilitation. The Supreme Court of Georgia reviewed the full record and agreed, granting his application so he may be readmitted once he meets the remaining requirements, including passing the Georgia Bar Examination again. ### Holding, as summarized The court held that Fitzgerald proved by clear and convincing evidence that he has been rehabilitated since surrendering his law license in 2011, and it granted his application for certification of fitness, allowing him to be readmitted once he satisfies remaining requirements, including passing the Georgia Bar Examination. ### Disposition Certification of fitness for readmission granted. All the Justices concur. ### Why it matters The decision lets a previously disbarred lawyer return to practicing law in Georgia after showing years of sobriety, repayment, and community involvement, illustrating the path and standard (clear and convincing evidence of rehabilitation) other lawyers seeking reinstatement must meet. > The summarized reasoning, checked quotes, suggested questions, and the CourtListener opinion records (1,854 characters) are at https://georgiacommons.org/opinions/S21Z0449.md?full=1