In the Supreme Court of Georgia
Decided: April 26, 2016
S16Y0328. IN THE MATTER OF STEPHEN BAILEY WALLACE, II.
PER CURIAM.
This disciplinary matter is before the Court on a Notice of Discipline
seeking the disbarment of Stephen Bailey Wallace, II (State Bar No. 734309)
based on his violations of Rules 1.3, 1.4, 1.16 (d), 8.4 (a) (4), and 9.3 of the
Georgia Rules of Professional Conduct. See Bar Rule 4-102 (d). The maximum
sanction for a violation of Rules 1.3 and 8.4 (a) (4) is disbarment, while the
maximum sanction for a violation of Rules 1.4, 1.16 (d), and 9.3 is a public
reprimand. The State Bar attempted to serve the Notice of Discipline on
Wallace personally at the address listed with the State Bar, but the sheriff filed
a return of service non est inventus. The State Bar then properly served Wallace
by publication pursuant to Bar Rule 4-203.1 (b) (3) (ii). As Wallace failed to
file a timely Notice of Rejection, 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 show that Wallace was hired to represent a client in a lawsuit
seeking damages for serious and protracted injuries the client suffered in 2003.
Wallace, who has been a member of the State Bar since 1991, filed suit in
September 2004 and engaged in regular contact with his client through January
2013, assuring the client that the case was progressing satisfactorily towards
trial and that Wallace was waiting on an order allowing the client’s treating
physician to testify at trial. Wallace told the client to forward his medical bills
to Wallace and not to worry about them. As instructed, the client forwarded
approximately $100,000 in medical bills to Wallace over the years and did not
pay those bills. In reality, however, Wallace had not filed anything in the
client’s case since April 2006, and the case was dismissed in June 2013.
Wallace failed to respond to the State Bar’s Notice of Investigation related to the
client’s grievance, and the Bar sought and obtained an interim suspension
effective June 30, 2015.
We have reviewed the record, and we agree with the State Bar that
disbarment is the appropriate sanction in this matter, particularly as it appears
that Wallace acted with a dishonest and selfish motive and that the victim was
vulnerable. Accordingly, the name of Stephen Bailey Wallace, II is hereby
2
removed from the rolls of persons entitled to practice law in the State of
Georgia. He is reminded of his duties under Bar Rule 4-219 (c).
Disbarred. All the Justices concur.
3