In the Matter of Charles Edward Gallagher

Charles Edward Gallagher, a member of the State Bar of Georgia since 1987, pled guilty in Florida to a misdemeanor count of petit theft after walking into a Destin bank and demanding money from a teller, who handed over $509 before he fled. He was sentenced to probation, community service, and restitution. The State Bar asked the Supreme Court of Georgia to appoint a Special Master to hold a hearing on whether Gallagher's conviction should lead to discipline. At that hearing, Gallagher testified he did not actually commit the robbery underlying his guilty plea, but the Special Master found he had violated the state's professional conduct rule against being convicted of a misdemeanor involving moral turpitude connected to fitness to practice law. Neither Gallagher nor the Bar challenged the Special Master's findings. The Supreme Court of Georgia agreed disbarment was warranted and ordered his name removed from the rolls of attorneys.

The court held that Gallagher violated Rule 8.4(a)(3) by being convicted of a misdemeanor involving moral turpitude that related to his fitness to practice law, and that disbarment, the presumptive sanction under ABA standards for such dishonest conduct, was the appropriate discipline given aggravating factors outweighing minimal mitigation.

The decision removes Gallagher from the practice of law in Georgia, protecting clients and the public from an attorney convicted of a crime involving dishonesty. It also reinforces that a criminal conviction, even a misdemeanor, can end a Georgia lawyer's career when it reflects on trustworthiness.

Disbarred

1. The court applied Rule 8.4(a)(3) of the Georgia Rules of Professional Conduct, which makes it a violation for a lawyer to be convicted of a misdemeanor involving moral turpitude connected to their fitness to practice law.
2. Because neither Gallagher nor the State Bar sought review of the Special Master's report or filed exceptions, the court treated the record as supporting the Special Master's findings of fact and legal conclusions.
3. The court noted that under ABA Standard 5.11(b), disbarment is the presumptive punishment when a lawyer engages in intentional dishonest conduct that seriously reflects on fitness to practice law, and Gallagher's bank robbery conviction fit that description.
4. The Special Master identified four aggravating factors, a dishonest motive, false statements during the disciplinary process, refusal to acknowledge wrongdoing, and substantial legal experience, which the court found far outweighed the single mitigating factor of no prior discipline.
5. The court compared Gallagher's case to prior Georgia disbarment decisions involving misdemeanor convictions tied to moral turpitude, concluding disbarment was consistent with how similar cases have been resolved.

• attorney disbarment
• bank robbery conviction
• State Bar of Georgia
• moral turpitude
• petit theft