Matter of Turk, 471 S.E.2d 842 (Ga. 1996). · Go Syfert
Matter of Turk, 471 S.E.2d 842 (Ga. 1996). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, 2012–2016 · …inherent and exclusive power to regulate the practice of law at p. 31
cited 2× by 1 distinct case · …ocga 9-11-55 (b) applies in disciplinary proceedings.
84 citation events (81 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
examined Cited as authority (quoted) In the Matter of Ramon David Sammons Jr (5×) also: Cited as authority (rule), Cited "see"
Ga. · 2023 · signal: see · quote attribution · 2 verbatim quotes · confidence high
ocga 9-11-55 (b) applies in disciplinary proceedings. thus, in order to authorize the opening of his default, respondent must show providential cause, excusable neglect, or a proper case.
examined Cited as authority (quoted) In the Matter of Tamorra A. Boyd (6×) also: Cited "see, e.g."
Ga. · 2022 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
ocga 9-11-55 (b) applies in disciplinary proceedings.
discussed Cited as authority (rule) In the Matter of Jonathan Reuven Melnick (2×)
Ga. · 2024 · confidence medium
It also disagreed with the recommended discipline,9 and recommended that Melnick receive a public reprimand, which it concluded was consistent with prior cases such as In the Matter of Pagano, 298 Ga. 381 ( 782 SE2d 42 ) (2016) (accepting petition for voluntary discipline and imposing a review panel reprimand for attorney who violated Rules 1.3 and 1.4, had two prior disciplinary actions, and there was no indication that attorney took any steps to ensure the client was made whole); In the Matter of Shapiro, 288 Ga. 455 ( 704 SE2d 784 ) (2011) (accepting petition for voluntary discipline and im…
discussed Cited as authority (rule) In the Matter of Glen Roy Fagan (2×)
Ga. · 2022 · confidence medium
See OCGA § 9-11-55 (b) (provision for opening default); Bar Rule 4-221.2 (b) (“In all proceedings under this Chapter occurring after a finding of Probable Cause as described in Rule 4-204.4, the procedures and rules of evidence applicable in civil cases under the laws of Georgia shall apply . . . .”); In the Matter of Turk, 267 Ga. 30, 30 ( 471 SE2d 842 ) (1996) (citing former Rule 4-221 (e) (2), which has since been moved to Rule 4-221.2 (b), for the proposition that “OCGA § 9-11-55 (b) applies in disciplinary proceedings”).
cited Cited as authority (rule) Zelda Enterprises, Lllp v. Tracy McCall Guarino
Ga. Ct. App. · 2016 · confidence medium
In the Matter of Turk, 267 Ga. 30, 31 (1) ( 471 SE2d 842 ) (1996) (per curiam); see also Hunter, Maclean, Exley & Dunn v. St.
cited Cited as authority (rule) Strader v. Palladian Enterprises, LLC
Ga. Ct. App. · 2011 · confidence medium
Finally, Strader’s reliance on In the Matter of Turk, 267 Ga. 30, 31 (1) ( 471 SE2d 842 ) (1996), is misplaced for the same reason we previously noted in Nelson, 307 Ga. App. at 223 (1) n.5.
discussed Cited as authority (rule) CARDINAL ROBOTICS, INC. v. Moody (2×)
Ga. · 2010 · confidence medium
In the Matter of Turk, 267 Ga. 30, 31 (1) ( 471 SE2d 842 ) (1996).
discussed Cited as authority (rule) NORTHPOINT GROUP HOLDINGS, LLC v. Morris
Ga. Ct. App. · 2009 · confidence medium
Nevertheless, “the ‘proper case’ ground is . . . not so broad as to authorize the opening of a default for any reason whatsoever.” (Punctuation omitted.) In the Matter of Turk, 267 Ga. 30, 31 (1) ( 471 SE2d 842 ) (1996).
discussed Cited as authority (rule) Bellsouth Telecommunications, Inc. v. Future Communications, Inc.
Ga. Ct. App. · 2008 · confidence medium
Its purpose is to permit the reaching out in every conceivable case where injustice might result if the default were not opened.” (Citation and punctuation omitted.) In the Matter of Turk, 267 Ga. 30, 31 (1) ( 471 SE2d 842 ) (1996), citing Axelroad v. Preston, 232 Ga. 836, 837 (1) ( 209 SE2d 178 ) (1974).
discussed Cited as authority (rule) MacDonald v. Harris
Ga. Ct. App. · 2003 · confidence medium
Matthews Contracting Co. v. Walker, 197 Ga. App. 345, 346 (1) ( 398 SE2d 297 ) (1990). 3 (Citation and footnote omitted.) Sidwell v. Sidwell, 237 Ga. App. 716, 718 (1) ( 515 SE2d 634 ) (1999). 4 Id. 5 (Citation and punctuation omitted.) In the Matter of Turk, 267 Ga. 30, 31 (1) ( 471 SE2d 842 ) (1996). 6 (Emphasis omitted.) Johnson v. Durrence, 136 Ga. App. 439, 440 ( 221 SE2d 652 ) (1975). 7 State v. Frazier, 141 Ga. App. 501, 502 ( 233 SE2d 868 ) (1977). 8 (Footnote omitted.) 3 AmJur2d, Agency, § 176, p. 570 (2002). 9 See id. at § 183, p. 575; compare Kelley v. Carolina Life Ins.
discussed Cited as authority (rule) People v. Weisbard (2×)
Colo. · 2000 · confidence medium
Turk, III, 267 Ga. 30 , 471 S.E.2d 842, 844 (1996)(holding that the respondent attorney's failure to file an answer to a disciplinary complaint was a result of personal problems, numerous office moves, improper calendaring, misunderstanding of the bar rules, and preoccupation with a prior disciplinary proceeding did not constitute "excusable ne-gleet" which would warrant the setting aside of a default judgment against him).
discussed Cited "see" In the Matter of Oksana Klymovych
Ga. · 2026 · signal: see · confidence high
See In the Matter of Turk, 267 Ga. 30, 30 (1985) (holding that OCGA § 9-11-55(b), which governs the process for opening defaults in civil actions, applies in disciplinary proceedings).
discussed Cited "see" In the Matter of Oksana Klymovych
Ga. · 2026 · signal: see · confidence high
See In the Matter of Turk, 267 Ga. 30, 30 (1985) (holding that OCGA § 9-11-55(b), which governs the process for opening defaults in civil actions, applies in disciplinary proceedings).
cited Cited "see" In the Matter of Herald J.A. Alexander
Ga. · 2025 · signal: see · confidence high
See In the Matter of Turk, 267 Ga. 30 , 30–31 (1996).
discussed Cited "see" In the Matter of Charles M. Dalziel, Jr (2×)
Ga. · 2025 · signal: see · confidence high
See id. at 258-259 (2) (citing In the Matter of Turk, 11 267 Ga. 30, 31 (1) ( 471 SE2d 842 ) (1996); and Inquiry Concerning Coomer, 316 Ga. 855, 860 (2) (a) n.5 ( 892 SE2d 3 ) (2023)).
examined Cited "see" In the Matter of Andrea Jo Anne David-Vega (4×)
Ga. · 2024 · signal: see · confidence high
See In the Matter of Turk, 267 Ga. 30, 30 (471 SE2d 842) (1985) (declining to allow attorney to open default and noting in part that the attorney was actively practicing law during the relevant time period).
examined Cited "see" In the Matter of Nevada Michael Tuggle (4×)
Ga. · 2023 · signal: see · confidence high
See 8 generally In the Matter of Turk, 267 Ga. 30, 31 (1) (471 SE2d 842) (1996) (noting that, because of its “inherent and exclusive power to regulate the practice of law,” the Court exercises “the ultimate discretion in disciplinary proceedings”).
examined Cited "see" In the Matter of David J. Farnham (4×)
Ga. · 2021 · signal: see · confidence high
See In the Matter of Turk, 267 Ga. 30, 31 (471 SE2d 842) (1996) (because this Court has inherent and exclusive power to regulate the practice of law, it exercises ultimate discretion in disciplinary proceedings); see 11 also In the Matter of Wadsworth, 307 Ga. 311, 312 (835 SE2d 632) (2019) (noting Court’s authority and discretion in bar disciplinary matters); Bar Rule 4-218 (This Court will consider reports of Special Master and Review Board, exceptions thereto, and responses, and enter judgment upon the formal complaint).
discussed Cited "see" Anthony Kittrell v. Dream Buiilder Investment, Inc. (2×)
Ga. Ct. App. · 2020 · signal: see · confidence high
See In re Turk, 267 Ga. 30, 31 (1) ( 471 SE2d 842 ) (1996).
cited Cited "see" in the Matter of Melissa Jill Starling
Ga. · 2015 · signal: see · confidence high
See Turk, 267 Ga. at 30 .
cited Cited "see" In re Starling
Ga. · 2015 · signal: see · confidence high
See Turk, 267 Ga. at 30 .
cited Cited "see" in the Matter of Melissa Jill Starling
Ga. · 2015 · signal: see · confidence high
See Turk, 267 Ga. at 30 .
discussed Cited "see" Hunter, MacLean, Exley & Dunn, P.C. v. St. Simons Waterfront, LLC (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See In the Matter of Turk, 267 Ga. 30, 31 (1) ( 471 SE2d 842 ) (1996) (per curiam) (noting the Supreme Court’s “inherent and exclusive power to regulate the practice of law” in Georgia).
discussed Cited "see" St. Simons Waterfront, LLC v. Hunter, MacLean (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See generally Lewis v. State, 312 Ga. App. 275, 280-81 (1) ( 718 SE2d 112 ) (2011) (Blackwell, J.) (providing an in-depth discussion concerning conflicts of interest). 34 To the extent that Rule 1.10 can be read to endorse such a sweeping rule, see Menton, supra note 29, at 113 (questioning the realistic ability to quarantine in-house counsel in light of Rule 1.10), we reject such an interpretation/application of the rule in the context of in-house counsel for law firms because adopting same would lead to patently absurd results, as discussed infra, and this Court “may construe statutes [and…
discussed Cited "see" Hunter, MacLean, Exley & Dunn v. St. Simons (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See generally Lewis v. State, 312 Ga. App. 275, 280-81 (1) ( 718 SE2d 112 ) (2011) (Blackwell, J.) (providing an in-depth discussion concerning conflicts of interest). 34 To the extent that Rule 1.10 can be read to endorse such a sweeping rule, see Menton, supra note 29, at 113 (questioning the realistic ability to quarantine in-house counsel in light of Rule 1.10), we reject such an interpretation/application of the rule in the context of in-house counsel for law firms because adopting same would lead to patently absurd results, as discussed infra, and this Court “may construe statutes [and…
cited Cited "see, e.g." In the Matter of Mylee McKinney
Ga. · 2026 · signal: see, e.g. · confidence medium
See e.g., In the Matter of Turk, 267 Ga. 30, 30 (1996).
discussed Cited "see, e.g." In the Matter of Craig S. Bonnell
Ga. · 2025 · signal: see, e.g. · confidence medium
See, e.g., In the 13 Matter of Turk, 267 Ga. 30, 30 (1996). 9 And we have explained that “the proper-case ground for opening a default should be liberally applied so as to keep with the policy of deciding cases on their merits.” Boyd, 315 Ga. at 394 .
discussed Cited "see, e.g." BOWEN v. SAVOY (2×)
Ga. · 2020 · signal: see, e.g. · confidence medium
See, e.g., In re Turk, 267 Ga. 30, 30-31 (1) ( 471 SE2d 842 ) (1996) (declining to allow attorney subject to disciplinary proceeding to open default under excusable neglect ground where attorney’s stated reasons for his failure to answer were “personal problems; numerous office moves resulting in disruption of his mail service; improper calendaring of the response date; misunderstanding of the bar rules; and his preoccupation with a prior disciplinary proceeding”); Ga. Farm Bldgs., Inc. v. Willard, 170 Ga. App. 327, 330 (4) ( 317 SE2d 229 ) (1984) (“The term ‘excusable neglect,’ as…
Retrieving the full opinion text from the archive…
In the Matter of Alfred J. Turk III
S96Y0673.
Supreme Court of Georgia.
Jun 17, 1996.
471 S.E.2d 842
William P. Smith III, General Counsel State Bar, Marie L. McCarthy, Assistant General Counsel State Bar, for State Bar of Georgia.
Per Curiam.
Cited by 29 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #47,528 of 633,719
Citer courts: Supreme Court of Georgia (4)
Per curiam.

The State Bar filed a complaint against Alfred J. Turk III, alleging his violation of the following standards of Bar Rule 4-102: Standard 22 (improper withdrawal from employment); Standard 23 (failure to make prompt refund of unearned fees upon withdrawal from employment); and, Standard 44 (wilful abandonment of a legal matter). The complaint was served personally and it specifically notified Turk of his obligation to file a response within 30 days. However, Turk did not file any response for 49 days. Moreover, he neither sought an extension of time to file his answer pursuant to Bar Rule 4-212 (a) nor filed a motion to set aside his default. Following a hearing at which Turk appeared, the special master found him to be in default. The review panel agreed with the special master’s findings of fact, but concluded that Turk’s explanations for his default, although “not powerfully compelling,” were sufficient to establish a “proper case” for opening default under OCGA § 9-11-55 (b). We do not agree with the review panel that the circumstances present a “proper case” for opening Turk’s default and, based upon the violations established by default in this case, as well as Turk’s history and pattern of disciplinary infractions, we order him disbarred from the practice of law in this state.

1. OCGA § 9-11-55 (b) applies in disciplinary proceedings. See In the Matter of Perkins, 255 Ga. 176 (336 SE2d 254) (1985); Bar Rule 4-221 (e) (2). Thus, in order to authorize the opening of Turk’s default, he must show “providential cause,” “excusable neglect” or a “proper case.” Turk does not rely upon the ground of “providential cause,” but urges that the circumstances establish either the “excusable neglect” or the “proper case” ground for opening his default. He offers the following as factors contributing to his failure to answer: personal problems; numerous office moves resulting in disruption of his mail[*31] service; improper calendaring of the response date; misunderstanding of the bar rules; and, his preoccupation with a prior disciplinary proceeding. However, there is no merit whatsoever in Turk’s claim that the Bar Rules regarding the answer to a formal complaint are vague and, as noted by the special master, his other explanations do not establish a reasonable excuse for failing to answer, such as would authorize opening the default for “excusable neglect.” See Womack Indus. v. Tifton-Tift County Airport Auth., 199 Ga. App. 237 (2) (404 SE2d 618) (1991) (mistaken belief that a transfer to the proper venue is a dismissal does not constitute excusable neglect); U. S. Xpress v. W. Timothy Askew & Co., 194 Ga. App. 730 (391 SE2d 707) (1990) (the mere press of business in an attorney’s office does not constitute excusable neglect).

The “proper case” ground is broader than that of “excusable neglect,” but it is not so broad as to authorize the opening of a default for any reason whatsoever. Its purpose is to permit the “reaching out ... in every conceivable case where injustice might result if the default were not opened.” Axelroad v. Preston, 232 Ga. 836, 837 (1) (209 SE2d 178) (1974). Under OCGA § 9-11-55 (b), the determination of whether a “proper case” exists is a matter within the trial court’s discretion. Because of our inherent and exclusive power to regulate the practice of law, it is this Court that must exercise the ultimate discretion in disciplinary proceedings. See Scanlon v. State Bar of Ga., 264 Ga. 251, 252 (443 SE2d 830) (1994). Cf. In the Matter of Lasonde, 260 Ga. 843 (400 SE2d 322) (1991).

In determining whether this is a “proper case,” we note, as did the special master, that, although Turk alleged a disruption in the service of his mail as a contributing factor in his default, the complaint was served personally on him and clearly stated his obligation to answer within 30 days. After service, but prior to default, Turk took the time to visit the complainant in an effort to resolve the claim, but he did not take the time to seek an extension of time within which to file his answer. We agree with the special master that this indicates an election on the part of Turk to seek resolution outside the process established by the Bar Rules. Furthermore, during the relevant time period, Turk was actively practicing law and not incapacitated in any way, but he still filed no response until the hearing and he never filed a motion to open default.

Under the foregoing circumstances, this is simply not a case where “injustice might result if the default were not opened.” Compare In the Matter of Lasonde, supra. Indeed, Turk’s default in this case is similar to and consistent with his previous violations involving his clients. See Division 2. If this were a “proper case” for opening default, then few, if any, cases would fail to qualify for that relief. Considering Turk’s history of infractions and the allegations at issue[*32] in this proceeding, the delay occasioned by allowing his default to be opened would pose a potential risk of harm to the public which is both unnecessary and unauthorized. Accordingly, as did the special master, we decline to allow Turk to open his default.

Decided June 17, 1996 Reconsideration denied July 12, 1996. William P. Smith III, General Counsel State Bar, Marie L. McCarthy, Assistant General Counsel State Bar, for State Bar of Georgia.

2. In this disciplinary proceeding, Turk abandoned several legal matters entrusted to him and failed to communicate with his client. These actions on his part are markedly similar to those which resulted in prior disciplinary proceedings being brought against him. We recently suspended Turk for one year for violations of Standards 22, 23, and 44, and noted two prior sanctions against him for similar conduct. In the Matter of Turk, 265 Ga. 447 (457 SE2d 674) (1995). In 1991, Turk received an Investigative Panel Reprimand for violations of Standards 4 (conduct involving dishonesty, fraud, deceit, or wilful misrepresentation), 22 and 44. In 1992, Turk again received an Investigative Panel Reprimand for violations of Standards 22 and 44. Violations of Standard 44 authorize disbarment. Furthermore, under Bar Rule 4-103, a finding of a third or subsequent disciplinary infraction under the Bar Rules shall, in and of itself, constitute grounds for suspension or disbarment. In light of Turk’s repeated violations of Bar Rule 4-102 (d), and, in particular, Standards 22 and 44, we consider disbarment the only appropriate sanction in this case. This is consistent with ABA Standards, which recommend disbarment when a lawyer engages in a pattern of neglect with respect to client matters, causing serious or potentially serious injury to a client.

Accordingly, it is hereby ordered that Turk be disbarred from the practice of law in Georgia, and that his name be removed from the roll of attorneys licensed to practice law in Georgia. Turk is reminded of his duties under Bar Rule 4-219 (c).

Disbarred.

All the Justices concur.