In the Supreme Court of Georgia
Decided: April 20, 2015
S15Y0057, S15Y0058, S15Y0059, S15Y0060.
IN THE MATTER OF TRACEY DAWN GIBSON
PER CURIAM.
These disciplinary matters are before the Court on four Notices of
Discipline, seeking the disbarment of Tracey Dawn Gibson (State Bar No.
297339). The State Bar attempted personal service at the address listed with the
State Bar, but with respect to each Notice of Discipline, the sheriff filed a return
of service non est inventus. The State Bar then properly served Gibson by
publication pursuant to Bar Rule 4-203.1 (b) (3) (ii). Gibson failed to file any
Notice of Rejection. Therefore, she is in default, has waived her 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).
Gibson was admitted to the Bar in 1998. This Court entered an order of
interim suspension on October 7, 2013, for failure to respond to the Bar’s Notice
of Investigation in State Disciplinary Board Docket (“SBD”) No. 6622, see In
the Matter of Gibson, S14Y0076; that suspension was lifted on January 2, 2014,
after Gibson filed an adequate response. However, another suspension was
entered on February 3, 2014, see In the Matter of Gibson, S14Y0677, for
Gibson’s failure to respond to the Bar’s Notice of Investigation in connection
with a grievance unrelated to the currently pending matters. Additionally,
Gibson is currently under administrative suspension for failure to pay dues.
The facts, as deemed admitted by virtue of Gibson’s default, show that,
with regard to SBD No. 6622 (S15Y0058), the Bar was notified in January 2014
by Wells Fargo that there had been an overdraft in Gibson’s IOLTA account in
December 2013. Although Gibson informed the Bar that the overdraft was the
result of an error caused when her husband was handling firm and family
finances while she was on maternity leave, she failed to provide all the relevant
trust account records, and the records she did provide revealed numerous
instances of payments of personal expenses from the trust account and also
showed that she did not correct the overdraft. With regard to SBD No. 6623
(S15Y0059), the facts show that although this Court entered an order of
suspension on February 3, 2014, Gibson represented a client on February 11,
2014, in a probation revocation hearing and failed to disclose to the court that
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she was not currently licensed to practice law. With regard to SBD No. 6624
(S15Y0057), the facts show that in October 2013, a client retained Gibson to file
a divorce action and paid Gibson $1,457. Gibson did no work on the case, failed
to respond to the client’s multiple emails and telephone calls, and failed to
respond to the client’s letter discharging her and requesting a return of the fee.
With regard to SBD No. 6625 (S15Y0065), the facts show that in 2012 Gibson
agreed to represent a client in a criminal proceeding in exchange for the client
performing work for Gibson, which work the client completed. After filing a
notice of appearance and representing the client at an arraignment hearing,
Gibson failed to respond to the client’s multiple inquiries about the status of the
case and failed to attend a court hearing in the matter in January 2014, at which
point the trial court entered an order relieving Gibson of representing the client.
Additionally, Gibson failed to timely and adequately respond to the Notices of
Investigation in these matters.
Based on these facts, the Investigative Panel found probable cause to
believe, and we agree, that Gibson violated Rules 1.3, 1.4, 1.15 (I), 1.15 (II),
1.15 (III), 1.16, 3.2, 5.5, and 9.3, of the Georgia Rules of Professional Conduct
found in Bar Rule 4-102 (d). The maximum sanction for a violation of Rules
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1.3, 1.15 (I), 1.15 (II), 1.15 (III), and 5.5 is disbarment, and the maximum
sanction for a violation of Rules 1.4, 1.16, 3.2, and 9.3 is a public reprimand.
In aggravation of discipline, the Investigative Panel noted Gibson’s prior
disciplinary record and found that Gibson’s responses to the Investigative Panel
regarding the her failure to timely and adequately respond lacked credibility and
that there were four separate disciplinary matters.
Having reviewed the records, we conclude that disbarment is the
appropriate sanction in these matters. Accordingly, it is hereby ordered that the
name of Tracey Dawn Gibson be removed from the rolls of persons authorized
to practice law in the State of Georgia. Gibson is reminded of her duties
pursuant to Bar Rule 4-219 (c).
Disbarred. All the Justices concur.
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