GA: Lawyer Discipline Cases Include Suspension, License Surrender

In the Supreme Court of Georgia
Decided: May 20, 2013S13Y0399.
IN THE MATTER OF DALE E. CALOMENI.
PER CURIAM.

This disciplinary matter is before the Court on the petition of Dale E. Calomeni (State Bar No. 105311) for voluntary discipline. In his petition, Calomeni admits violations of Rules 1.2, 1.15 (I), and 5.3 (d) of the Georgia Rules of Professional Conduct, see Bar Rule 4-102 (d), and for these violations, he agrees to accept a Review Panel reprimand.1 The State Bar has no objection to the petition, but for the reasons that follow, we reject it. According to the petition, Calomeni was retained to represent a client in the enforcement of a divorce decree. Calomeni successfully pursued garnishment as a remedy for his client, and he collected $17,510.28 for his client through the garnishment process. Calomeni, however, failed to notify his client that he had collected and received these funds, and he failed to put the funds into his trust account, apparently because he believed that the client owed him at least as much in fees. The client later asked Calomeni for a meeting to discuss her bill, but Calomeni declined to meet with her. Eventually, the client filed a petition for arbitration with the State Bar Fee Arbitration Program, and she was awarded a portion of the amount that Calomeni had retained as a fee, which Calomeni now has paid to her in full. Calomeni admits that this conduct amounts to a violation of Rule 1.15 (I).

The petition also shows that Calomeni employed a disbarred lawyer as a paralegal. Calomeni failed to take appropriate measures to prevent this disbarred lawyer from having direct contact and communications with his clients concerning legal matters, and Calomeni permitted the disbarred lawyer to have direct contact with more than one of his clients on numerous occasions. Calomeni admits that this conduct amounts to a violation of Rule 5.3 (d).

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Lawyer Discipline: Cases Include Suspension, License Surrender