Lawyer Seeks Voluntary Disbarment For Fraud
Barry Zalma
Nov 16, 2023
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Read the full article at https://lnkd.in/gmFRWjir and see the full video at https://lnkd.in/gijqBd-4 and at https://lnkd.in/g2uk8yFW and at https://zalma.com/blog plus more than 4650 posts.
Cory Howerton Fleming (State Bar No. 292955) asked for voluntary discipline by the Supreme Court Georgia before the issuance of a formal complaint. In the petition, Fleming admitted that during his representation of a client in South Carolina, he violated Rules 1.4 (a) (3), 1.5 (c) (1), 1.7 (a), 1.8 (b), 1.15 (I) (c), 5.4 (c), and 8.4 (a) (4) of the Georgia Rules of Professional Conduct (“GRPC”) found in Bar Rule 4-102 (d). As discipline, Fleming requested that the Court accept the voluntary surrender of his license to practice law.
In The Matter Of Cory Howerton Fleming, No. S23Y0970, Supreme Court of Georgia (November 7, 2023) the Supreme Court was asked to accept attorney Fleming’s request that he be disbarred to avoid a trial since his guilt was obvious. The State Bar filed a response, stating that the Supreme Court should accept the petition.
UNETHICAL CONDUCT
Fleming admitted that he was asked by R. Alexander Murdaugh, a lawyer then-licensed in South Carolina to represent a woman injured at his property. The woman-who was a long-time employee of Murdaugh’s died from her injuries, leaving two sons.
MURDAUGH TAKES THE SETTLEMENT
Murdaugh, a defendant in the lawsuit, convinced Fleming to make the net settlement proceeds check payable to an entity controlled by Murdaugh who apparently converted the funds to his own benefit.
The Supreme Court concluded that Fleming admitted conduct sufficient to establish violations of the Rules of Professional Conduct and that the underlying facts may well be more egregious than Fleming admits. As a result it ordered that the name of Cory Howerton Fleming be removed from the rolls of persons authorized to practice law in the State of Georgia.
ZALMA OPINION
Murdaugh was convicted of murder of his wife and son while trying to avoid prosecution for the theft of funds from his law firm and insurance fraud perpetrated on his professional liability insurers. He convinced Flemming to join in his crime and steal more than $4 million from the estate of his late housekeeper who, with the evidence of wrongdoing overwhelming sought to save the money and time to defend a disbarment proceeding, voluntarily asked the court to remove his license. The sad destruction of a lawyer who trusted a prominent lawyer who turned out to be a murderer.
(c) 2023 Barry Zalma & ClaimSchool, Inc.
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