In the Supreme Court of Georgia
Decided: November 17, 2014
S15Y0115.IN THE MATTER OF MARY J. WORKMAN.
PER CURIAM.
This disciplinary matter is before the Court on the petition for voluntary
discipline filed by Respondent Mary J. Workman (State Bar No. 776625)
pursuant to Bar Rule 4-227 (b) (2) before the issuance of a formal complaint. By
this petition, Workman seeks to resolve four pending grievances and agrees to
accept a reprimand for her multiple admitted violations of Rule 1.4 of the
Georgia Rules of Professional Conduct, see Bar Rule 4-102 (d). While the
maximum sanction for such a violation is a public reprimand, we agree to accept
the Respondent’s request that this matter be resolved with a Review Panel
Reprimand with conditions, as is recommended by the State Bar.
In her petition, Workman, who has been a member of the State Bar since
1979, admits that in 2011 four clients retained her to represent them in their
separate legal matters, paying her retainers ranging from $350 to $3,000.
Workman admits that she did not adequately communicate with these four
clients, causing at least three of them to have to hire new counsel to handle their
matters. Workman claims that none of these clients’ legal rights was ultimately
harmed by her actions, that she has apologized to each client, and that she has
begun repaying each client a small amount monthly as reimbursement for the
fees paid to her. She notes, however, that one client has obtained a judgment
against her and has refused to accept her monthly payments.
Workman admits that by her conduct she has repeatedly violated Rule 1.4
and that she has a prior disciplinary history, having received an Investigative
Panel Reprimand in 2003. In mitigation, she asserts that the failure to
communicate with these clients was caused in part by a combination of physical
ailments that she began experiencing in late 2010 and pre-existing emotional
issues. These conditions culminated in a multi-day hospital stay in 2013. Since
then, however, Workman claims to have received appropriate medical treatment
to address her physical ailments and is continuing to manage her emotional
issues with the help of a therapist. Although Workman is now taking care of her
conditions, she admits that the combination of ailments not only interfered with
her ability to fully serve her clients, but also increased her expenses and
decreased her ability to earn income, thereby depleting her financial resources.
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Also in mitigation, Workman asserts that her failures to communicate did not
stem from any dishonest or selfish motive, that she is remorseful and has
apologized to her clients, that she has made a timely and good faith effort to
make restitution and/or repay any losses by establishing and making payments
under a repayment plan, that she has made full and free disclosure of her
physical and emotional conditions to the disciplinary board and this Court, that
she has had a productive and successful 35-year career as a lawyer, and that she
is known to be a person of character and integrity within the Bar.
Workman asserts that based on negotiations with the State Bar’s Office
of General Counsel, she agrees to accept a reprimand as discipline for her
violations. In addition, she agrees to the following conditions: (1) that she
execute a promissory note in favor of each of the four clients for the full amount
they paid to her and that she repay those notes pursuant to a payment plan
(Workman acknowledges that the one client has returned her payments, but she
nevertheless agrees to repay that client); (2) that she consult with the Law
Practice Management Section of the Bar within 60 days after the Court’s Order
and follow its recommendations concerning her law practice; and (3) that for a
period of one year, her treating psychiatrist and any other therapist who may
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treat her will provide quarterly reports to the Bar.
After our review of the record, we agree to accept Workman’s petition for
voluntary discipline and agree that a Review Panel reprimand with the above-
described conditions is appropriate discipline for Workman’s admitted
violations of Rule 1.4. See In the Matter of King, 289 Ga. 457 (712 SE2d 70)
(2011). Accordingly, we hereby order that Workman receive a Review Panel
reprimand in accordance with Bar Rules 4-102 (b) (4) and 4-220 (b).
Petition for voluntary discipline accepted. Review Panel reprimand with
conditions. All the Justices concur.
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