In the Supreme Court of Georgia
Decided: July 6, 2015
S15Y1199. IN THE MATTER OF S. CARLTON ROUSE.
PER CURIAM.
This disciplinary matter is before the Court on the Petition for Voluntary
Discipline filed by Respondent S. Carlton Rouse (State Bar No. 003583) after
the Investigative Panel of the State Bar found probable cause that he violated the
Georgia Rules of Professional Conduct, see Bar Rule 4-102 (d), and directed the
Office of the General Counsel to file a Notice of Discipline for a Review Panel
reprimand. Prior to the filing of the Notice of Discipline, Rouse filed his
petition and requests the imposition of no greater discipline than a Review Panel
reprimand.
In his petition Rouse admits that he was retained to represent a client and
took the case on a contingency basis with the agreement that out-of-pocket
expenses would be billed separately. The client was unable to pay the fees
Rouse incurred in filing pleadings, paying court reporters, etc. The client
eventually asked Rouse to return his file and withdraw as counsel from the case.
Rouse admits that he did not do so until two months later. He states that the
client never reimbursed him for the fees and costs, and he subsequently sued the
client in Magistrate Court, obtained a judgment, but never took steps to collect
on the judgment. Rouse admits that he could have handled the matter with his
client more effectively by returning his file immediately and filing a withdrawal.
The State Bar responds that Rouse did not admit to violating any specific
Bar Rule, but that the facts and conduct he admits are in violation of Bar Rule
1.16 (d), the maximum punishment for which is a public reprimand. The State
Bar notes in mitigation of discipline that Rouse has no prior disciplinary history
and has displayed a cooperative attitude in these proceedings. It recommends
that the Court accept his petition for voluntary discipline and order that he
receive a Review Panel reprimand.
Having reviewed the petition and response, we agree that imposition of
a Review Panel reprimand is the appropriate sanction in this matter, and we
therefore accept the petition for voluntary discipline. Accordingly, the Court
hereby orders that Rouse receive a Review Panel reprimand in accordance with
Bar Rules 4-102 (b) (4) and 4-220 (b) for his violation of Bar Rule 1.16 (d).
Petition for voluntary discipline accepted. Review Panel reprimand. All
the Justices concur.
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