mitigating and aggravating factors (Georgia) · Go Syfert
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mitigating and aggravating factors in Georgia

8 Georgia opinions name it 1 courts 2012–2026 2 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
In re Westgreen
ga · 2017 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See In the Matter of West , 301 Ga. 901 , 804 S.E.2d 340 (2017) (imposing Review Panel reprimand for violations arising out of attorney having signed his client's name to an application for asylum without any intent to deceive or falsify); In the Matter of Ellis , 296 Ga. 83 , 764 S.E.2d 856 (2014) (imposing Review Panel reprimand for attorney's conduct in failing to supervise an employee who signed client's name, without authorization, to loan agreement needed for obtaining medical treatment); Howard , 292 Ga. at 414 , 738 S.E.2d 89 (imposing public reprimand for a lawyer for technical violat

2019See In the Matter of West , 301 Ga. 901 , 804 S.E.2d 340 (2017) (imposing Review Panel reprimand for violations arising out of attorney having signed his client's name to an application for asylum without any intent to deceive or falsify); In the Matter of Ellis , 296 Ga. 83 , 764 S.E.2d 856 (2014) (imposing Review Panel reprimand for attorney's conduct in failing to supervise an employee who signed client's name, without authorization, to loan agreement needed for obtaining medical treatment); Howard , 292 Ga. at 414 , 738 S.E.2d 89 (imposing public reprimand for a lawyer for technical violat

22
In the Matter of Morsegreen
ga · 1996 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See In the Matter of Morse , 266 Ga. 652 , 653, 470 S.E.2d 232 (1996).

2019See In the Matter of Morse , 266 Ga. 652 , 653, 470 S.E.2d 232 (1996).

22
In re Moncusgreen
ga · 2014 · cited in 2 Georgia opinions naming this issue, 2017–2017
2 sentences

2017See In the Matter of Moncus, 296 Ga. 154 ( 765 SE2d 358 ) (2014) (public reprimand for violation of Rule 1.4 where attorney had prior disciplinary history); In the Matter of Farris, 291 Ga. 98 ( 727 SE2d 503 ) (2012) (public reprimand, plus attendance at Law Practice Management Program, for violations of Rules 1.3 and 1.4).

2017See In the Matter of Moncus, 296 Ga. 154 ( 765 SE2d 358 ) (2014) (public reprimand for violation of Rule 1.4 where attorney had prior disciplinary history); In the Matter of Farris, 291 Ga. 98 ( 727 SE2d 503 ) (2012) (public reprimand, plus attendance at Law Practice Management Program, for violations of Rules 1.3 and 1.4).

22
In re Davisgreen
ga · 2012 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See In the Matter of West , 301 Ga. 901 , 804 S.E.2d 340 (2017) (imposing Review Panel reprimand for violations arising out of attorney having signed his client's name to an application for asylum without any intent to deceive or falsify); In the Matter of Ellis , 296 Ga. 83 , 764 S.E.2d 856 (2014) (imposing Review Panel reprimand for attorney's conduct in failing to supervise an employee who signed client's name, without authorization, to loan agreement needed for obtaining medical treatment); Howard , 292 Ga. at 414 , 738 S.E.2d 89 (imposing public reprimand for a lawyer for technical violat

2019See In the Matter of West, 301 Ga. 901 ( 804 SE2d 340 ) (2017) (imposing Review Panel reprimand for violations arising out of attorney having signed his client’s name to an application for asylum without any intent to deceive or falsify); In the Matter of Ellis, 296 Ga. 83 ( 764 SE2d 856 ) (2014) (imposing Review Panel reprimand for attorney’s conduct in failing to supervise an employee who signed client’s name, without authorization, to loan agreement needed for obtaining medical treatment); In the Matter of Howard, 5 292 Ga. at 414 (imposing public reprimand for a lawyer for technical violat

12
In re Howardgreen
ga · 2013 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See In the Matter of West , 301 Ga. 901 , 804 S.E.2d 340 (2017) (imposing Review Panel reprimand for violations arising out of attorney having signed his client's name to an application for asylum without any intent to deceive or falsify); In the Matter of Ellis , 296 Ga. 83 , 764 S.E.2d 856 (2014) (imposing Review Panel reprimand for attorney's conduct in failing to supervise an employee who signed client's name, without authorization, to loan agreement needed for obtaining medical treatment); Howard , 292 Ga. at 414 , 738 S.E.2d 89 (imposing public reprimand for a lawyer for technical violat

2019See In the Matter of West , 301 Ga. 901 , 804 S.E.2d 340 (2017) (imposing Review Panel reprimand for violations arising out of attorney having signed his client's name to an application for asylum without any intent to deceive or falsify); In the Matter of Ellis , 296 Ga. 83 , 764 S.E.2d 856 (2014) (imposing Review Panel reprimand for attorney's conduct in failing to supervise an employee who signed client's name, without authorization, to loan agreement needed for obtaining medical treatment); Howard , 292 Ga. at 414 , 738 S.E.2d 89 (imposing public reprimand for a lawyer for technical violat

12
Matter of Onipedegreen
ga · 2010 · cited in 1 Georgia opinions naming this issue, 2026–2026
1 sentence

2026Although the State Bar’s position with respect to the applicable mitigating and aggravating factors in this case has not changed since this Court’s first review, the State Bar now agrees with the Court’s conclusion in Woodard I that, given the seriousness of Woodard’s violations, the presumptive penalty for Woodard’s misconduct is a suspension of between six and 18 months and recommends that the Court impose a 12-month suspension. 3 However, the State Bar urges the Court to impose the suspension without retroactive effect, arguing that Woodard has failed to meet the requirements for a suspensi

11
In the Matter of Stephanie Dianne Woodardgreen
ga · 2025 · cited in 1 Georgia opinions naming this issue, 2026–2026
1 sentence

2026See Woodard I, 321 Ga. at 685 (citing ABA Standard 9.22(k) and (l)).

11
In Re Detlinggreen
ga · 2011 · cited in 1 Georgia opinions naming this issue, 2025–2025
2 sentences

2025See ABA Standard 9.32 (b). 8 The State Bar agrees with Mance that a public reprimand is consistent with prior discipline imposed in cases alleging violations of Rule 1.1, citing In the Matter of Detling, 289 Ga. 256 ( 710 SE2d 566 ) (2011) (accepting petition for voluntary discipline and imposing a review panel reprimand for a violation of Rule 1.1 where an attorney negligently issued an opinion letter attesting that he possessed no knowledge that might materially affect the business’s right to carry on business or its financial condition despite knowledge that the business’s principal faced f

2025See ABA Standard 9.32 (b). 8 The State Bar agrees with Mance that a public reprimand is consistent with prior discipline imposed in cases alleging violations of Rule 1.1, citing In the Matter of Detling, 289 Ga. 256 ( 710 SE2d 566 ) (2011) (accepting petition for voluntary discipline and imposing a review panel reprimand for a violation of Rule 1.1 where an attorney negligently issued an opinion letter attesting that he possessed no knowledge that might materially affect the business’s right to carry on business or its financial condition despite knowledge that the business’s principal faced f

11
In re Johnsongreen
ga · 2018 · cited in 1 Georgia opinions naming this issue, 2020–2020
1 sentence

2020See In the Matter of Johnson, 303 Ga. 795 ( 815 SE2d 55 ) (2018) (six-month suspension for violations of Rules 1.3, 1.4, 1.5, 1.15 (I), 1.16 (d), and 5.5 (a) in 1 Specifically, in mitigation, the Special Master noted the absence of a dishonest or selfish motive; personal or emotional problems; restitution; remorse; and Kirby’s efforts to enhance his psychological well-being and improve his practice management skills.

11
IN THE MATTER OF S. QUINN JOHNSON (Five Cases)green
ga · 2018 · cited in 1 Georgia opinions naming this issue, 2020–2020
1 sentence

2020See In the Matter of Johnson, 303 Ga. 795 ( 815 SE2d 55 ) (2018) (six-month suspension for violations of Rules 1.3, 1.4, 1.5, 1.15 (I), 1.16 (d), and 5.5 (a) in 1 Specifically, in mitigation, the Special Master noted the absence of a dishonest or selfish motive; personal or emotional problems; restitution; remorse; and Kirby’s efforts to enhance his psychological well-being and improve his practice management skills.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
In re Swain green
ga · 2012
2 sentences

2019See In the Matter of West , 301 Ga. 901 , 804 S.E.2d 340 (2017) (imposing Review Panel reprimand for violations arising out of attorney having signed his client's name to an application for asylum without any intent to deceive or falsify); In the Matter of Ellis , 296 Ga. 83 , 764 S.E.2d 856 (2014) (imposing Review Panel reprimand for attorney's conduct in failing to supervise an employee who signed client's name, without authorization, to loan agreement needed for obtaining medical treatment); Howard , 292 Ga. at 414 , 738 S.E.2d 89 (imposing public reprimand for a lawyer for technical violat

2019See In the Matter of West , 301 Ga. 901 , 804 S.E.2d 340 (2017) (imposing Review Panel reprimand for violations arising out of attorney having signed his client's name to an application for asylum without any intent to deceive or falsify); In the Matter of Ellis , 296 Ga. 83 , 764 S.E.2d 856 (2014) (imposing Review Panel reprimand for attorney's conduct in failing to supervise an employee who signed client's name, without authorization, to loan agreement needed for obtaining medical treatment); Howard , 292 Ga. at 414 , 738 S.E.2d 89 (imposing public reprimand for a lawyer for technical violat

22019–2019
In re Ellis green
ga · 2014
2 sentences

2019See In the Matter of West , 301 Ga. 901 , 804 S.E.2d 340 (2017) (imposing Review Panel reprimand for violations arising out of attorney having signed his client's name to an application for asylum without any intent to deceive or falsify); In the Matter of Ellis , 296 Ga. 83 , 764 S.E.2d 856 (2014) (imposing Review Panel reprimand for attorney's conduct in failing to supervise an employee who signed client's name, without authorization, to loan agreement needed for obtaining medical treatment); Howard , 292 Ga. at 414 , 738 S.E.2d 89 (imposing public reprimand for a lawyer for technical violat

2019See In the Matter of West , 301 Ga. 901 , 804 S.E.2d 340 (2017) (imposing Review Panel reprimand for violations arising out of attorney having signed his client's name to an application for asylum without any intent to deceive or falsify); In the Matter of Ellis , 296 Ga. 83 , 764 S.E.2d 856 (2014) (imposing Review Panel reprimand for attorney's conduct in failing to supervise an employee who signed client's name, without authorization, to loan agreement needed for obtaining medical treatment); Howard , 292 Ga. at 414 , 738 S.E.2d 89 (imposing public reprimand for a lawyer for technical violat

22019–2019
In Re Farris neutral
ga · 2012
2 sentences

2017See In the Matter of Moncus, 296 Ga. 154 ( 765 SE2d 358 ) (2014) (public reprimand for violation of Rule 1.4 where attorney had prior disciplinary history); In the Matter of Farris, 291 Ga. 98 ( 727 SE2d 503 ) (2012) (public reprimand, plus attendance at Law Practice Management Program, for violations of Rules 1.3 and 1.4).

2017See In the Matter of Moncus, 296 Ga. 154 ( 765 SE2d 358 ) (2014) (public reprimand for violation of Rule 1.4 where attorney had prior disciplinary history); In the Matter of Farris, 291 Ga. 98 ( 727 SE2d 503 ) (2012) (public reprimand, plus attendance at Law Practice Management Program, for violations of Rules 1.3 and 1.4).

22017–2017
In re Smart green
ga · 2018
1 sentence

2025See ABA Standard 9.32 (b). 8 The State Bar agrees with Mance that a public reprimand is consistent with prior discipline imposed in cases alleging violations of Rule 1.1, citing In the Matter of Detling, 289 Ga. 256 ( 710 SE2d 566 ) (2011) (accepting petition for voluntary discipline and imposing a review panel reprimand for a violation of Rule 1.1 where an attorney negligently issued an opinion letter attesting that he possessed no knowledge that might materially affect the business’s right to carry on business or its financial condition despite knowledge that the business’s principal faced f

12025–2025
In the Matter of Donald Edward Smart green
ga · 2018
1 sentence

2025See ABA Standard 9.32 (b). 8 The State Bar agrees with Mance that a public reprimand is consistent with prior discipline imposed in cases alleging violations of Rule 1.1, citing In the Matter of Detling, 289 Ga. 256 ( 710 SE2d 566 ) (2011) (accepting petition for voluntary discipline and imposing a review panel reprimand for a violation of Rule 1.1 where an attorney negligently issued an opinion letter attesting that he possessed no knowledge that might materially affect the business’s right to carry on business or its financial condition despite knowledge that the business’s principal faced f

12025–2025
In the Matter of Brian Walton Whiteside neutral
ga · 2023
2 sentences

2025See ABA Standard 9.32 (b). 8 The State Bar agrees with Mance that a public reprimand is consistent with prior discipline imposed in cases alleging violations of Rule 1.1, citing In the Matter of Detling, 289 Ga. 256 ( 710 SE2d 566 ) (2011) (accepting petition for voluntary discipline and imposing a review panel reprimand for a violation of Rule 1.1 where an attorney negligently issued an opinion letter attesting that he possessed no knowledge that might materially affect the business’s right to carry on business or its financial condition despite knowledge that the business’s principal faced f

2025See ABA Standard 9.32 (b). 8 The State Bar agrees with Mance that a public reprimand is consistent with prior discipline imposed in cases alleging violations of Rule 1.1, citing In the Matter of Detling, 289 Ga. 256 ( 710 SE2d 566 ) (2011) (accepting petition for voluntary discipline and imposing a review panel reprimand for a violation of Rule 1.1 where an attorney negligently issued an opinion letter attesting that he possessed no knowledge that might materially affect the business’s right to carry on business or its financial condition despite knowledge that the business’s principal faced f

12025–2025
Gilbert v. Pridgen green
ga · 2012
1 sentence

2019See In the Matter of West , 301 Ga. 901 , 804 S.E.2d 340 (2017) (imposing Review Panel reprimand for violations arising out of attorney having signed his client's name to an application for asylum without any intent to deceive or falsify); In the Matter of Ellis , 296 Ga. 83 , 764 S.E.2d 856 (2014) (imposing Review Panel reprimand for attorney's conduct in failing to supervise an employee who signed client's name, without authorization, to loan agreement needed for obtaining medical treatment); Howard , 292 Ga. at 414 , 738 S.E.2d 89 (imposing public reprimand for a lawyer for technical violat

12019–2019
In Re Ibrahim green
ga · 2012
2 sentences

2012In light of the mitigating and aggravating factors discussed in Ibrahim I, see 291 Ga. at 95 , taken together with Ibrahim’s prior disciplinary history, see id., we agree that an 18-month suspension is an appropriate sanction for his violations, subject to certain conditions on reinstatement to which Ibrahim has agreed.

2012In light of the mitigating and aggravating factors discussed in Ibrahim I, see 291 Ga. at 95 , taken together with Ibrahim’s prior disciplinary history, see id., we agree that an 18-month suspension is an appropriate sanction for his violations, subject to certain conditions on reinstatement to which Ibrahim has agreed.

12012–2012

Where else courts name it

IL 65 (1990–2026) CA 27 (1979–2026) IN 23 (1987–2020) NJ 21 (1986–2025) WA 15 (2000–2021) OH 11 (2006–2020) GA 8 (2012–2026) PA 8 (2017–2025) NY 6 (2015–2025) MN 5 (2000–2016) CO 5 (1990–2025) RI 5 (2002–2003) ME 3 (1998–2023) FL 3 (1989–2014) AZ 3 (1994–2026) DC 3 (1989–2000) WV 2 (2006–2021) ID 2 (1998–2023) NC 2 (2021–2021) WI 2 (2010–2014) UT 2 (2015–2016) MD 2 (2021–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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