In the Supreme Court of Georgia
Decided: October 6, 2014
S14Y1518. IN THE MATTER OF TED WEBSTER WOOTEN, III.
S14Y1519. IN THE MATTER OF TED WEBSTER WOOTEN, III.
PER CURIAM.
These disciplinary matters are before the Court on two Notices of
Discipline seeking the disbarment of Ted Webster Wooten, III (State Bar No.
303708). Wooten acknowledged service of the Notices of Discipline, but failed
to file Notices of Rejection. Therefore, he is in default, has waived his rights to
an evidentiary hearing, and is subject to such discipline and further proceedings
as may be determined by this Court. See Bar Rule 4-208.1 (b).
The facts, as deemed admitted by virtue of Wooten’s default, show that
Wooten, who was admitted to the Bar in 2008, was retained by Freeman and
Lisa Donald in 2011 to represent them in a personal injury case. After settling
the case for approximately $100,000 in January 2012, Wooten told the Donalds
that he would hold the funds in his trust account until subrogation and medical
lien issues were resolved. He then withdrew what he deemed to be his fee
without notifying the Donalds. Shortly thereafter, he began withdrawing the
funds for his personal use and continued to do so until the funds were exhausted.
During this time, he lied to the Donalds about the status of his alleged efforts to
resolve the medical liens. In May 2013, Wooten told the Donalds he had used
all their funds; he has not reimbursed them. The facts also show that in
February 2013 SunTrust Bank notified the State Bar of an overdraft of
approximately $2,600 in Wooten’s trust account.
Based on these facts, the Investigative Panel found probable cause to
believe that Wooten violated Rules 1.3, 1.4 , 1.7, 1.15 (I), 1.15 (II), 1.16, 8.4 (a)
(1), and 8.4 (a) (4), of the Georgia Rules of Professional Conduct found in Bar
Rule 4-102 (d). The maximum sanction for a violation of Rules 1.3, 1.7, 1.15
(I), 1.15 (II), 8.4 (a) (1), and 8 (a) (4) is disbarment, and the maximum sanction
for a violation of Rules 1.4 and 1.16 is a public reprimand.
In aggravation of discipline, the Investigative Panel considered that
Wooten acted willfully, that he failed to file a sworn, written response to the
Notice of Investigation issued in connection with the SunTrust overdraft, as
required by Bar Rule 4-204.3, that he received a formal letter of admonition
from the Investigative Panel in 2012, and that he has failed to keep the State
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Bar’s Membership Department informed of his current address.
Having reviewed the record, we conclude that disbarment is the
appropriate sanction in these matters. Accordingly, it is hereby ordered that the
name of Ted Webster Wooten, III be removed from the rolls of persons
authorized to practice law in the State of Georgia. Wooten is reminded of his
duties pursuant to Bar Rule 4-219 (c).
Disbarred. All the Justices concur.
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in the Matter of Ted Webster Wooten, III
Combined Opinion