314 Ga. 423
FINAL COPY
S22Y0917. IN THE MATTER OF AMBER HOLLY BUNCH.
PER CURIAM.
This disciplinary matter is before the Court on the report and
recommendation of Special Master Delia T. Crouch, who
recommends that the Court accept the petition for voluntary
surrender of license filed by Amber Holly Bunch (State Bar No.
994313), after the filing of a formal complaint. See Bar Rule 4-227
(c). In her petition, Bunch requested that she be allowed to
voluntarily surrender her license for her admitted violations, in two
separate but related matters, of Rules 1.3, 1.15 (I) (a), 1.15 (I) (c),
1.15 (II) (a), 1.15 (II) (b), and 3.2 of the Georgia Rules of Professional
Conduct found in Bar Rule 4-102 (d). While one of the matters has
not yet been docketed with this Court, is considered confidential,
and was not before the Special Master, Bunch waived confidentiality
and requested that the Special Master also consider the admissions
of fact and rule violations in that matter as part of her petition.
In her petition, Bunch, who has been a member of the State
Bar since 2016, admitted the following facts. With regard to State
Disciplinary Board Docket (“SDBD”) No. 7462, Bunch admitted that
in December 2017, a client retained her for a personal injury action
arising from an accident. Bunch eventually settled the client’s claim
against the defendant for the policy limit of $100,000 in April 2018
and deposited the settlement check into her IOLTA account.
However, Bunch failed to safeguard the settlement funds and
allowed the balance in her trust account to fall below the amount
she should have held for the client, and she also failed to maintain
records reflecting the balance held for her client in the IOLTA
account. In addition, Bunch maintained personal funds in her
IOLTA account during the same time she held funds for the client;
she withdrew funds for her personal use; and she did not deliver the
settlement funds to her client until January 2021. She further
admitted that she used personal funds to disburse the settlement
funds to her client and that she did not disburse the settlement
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funds from her IOLTA account. During the litigation of her client’s
lawsuit, Bunch also failed to adequately respond to discovery sent
by the uninsured/underinsured motorist carrier on behalf of the
client, and the uninsured/underinsured motorist carrier filed
several motions to compel discovery, but Bunch failed to file a
response to those motions either. With regard to SDBD No. 7508,
the undocketed matter, Bunch admitted that from September 2018
to March 2020, she maintained personal funds in her IOLTA
account; she failed to keep records showing the exact balance held
for each client; and she failed to safeguard client funds.
Based on her conduct in SDBD No. 7462, Bunch admitted
violating Rule 1.3 by failing to respond to motions on behalf of her
client. In addition, she admitted violating Rules 1.15 (I) (a) and 1.15
(I) (c) by failing to safeguard the client’s settlement funds,
commingling personal and client funds, failing to keep complete
records of the client’s funds, failing to properly account for the
client’s funds, and failing to promptly deliver the settlement funds
to the client. Next, Bunch admitted that she violated Rules 1.15 (II)
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(a) and 1.15 (II) (b) by failing to administer client funds from a trust
account, by failing to maintain records reflecting the balance held
for her client, and at times having a lower balance in her trust
account than the amount she should have been holding for her
client. Bunch also admitted that she could not ascertain from her
existing records when the client’s money had been withdrawn and
for what purpose. Next, Bunch admitted that she violated Rule 3.2
by failing to respond to discovery and motions filed against the client
in order to expedite the litigation consistent with the client’s
interests. Finally, as to SDBD No. 7508, Bunch admitted that based
on her conduct she violated Rules 1.15 (I) (a) and 1.15 (II) (b) by
failing to safeguard client funds, by commingling client and personal
funds in her trust account, and by failing to keep records of client
funds, including the exact balance held for each client. The
maximum penalty for a violation of each of these Rules is
disbarment, except Rule 3.2, for which the maximum penalty is a
public reprimand.
After the State Bar responded and recommended that the
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Special Master accept Bunch’s petition for voluntary surrender of
license, the Special Master issued her report, recommending that
this Court accept the petition for voluntary surrender of license. In
a thorough report and recommendation, the Special Master agreed
that Bunch’s admitted conduct as outlined in her petition supported
violations of Rules 1.3, 1.15 (I) (a), 1.15 (I) (c), 1.15 (II) (a), 1.15 (II)
(b), and 3.2. The Special Master further determined that, although
relatively inexperienced in the practice of law, Bunch demonstrated
personal conduct that was antithetical to the standards required of
those licensed to practice law in this state and that warranted and
compelled disbarment. Accordingly, the Special Master
recommended that this Court accept Bunch’s petition for voluntary
surrender of license, which is tantamount to disbarment. See Bar
Rule 1.0 (s).
Having reviewed the record, we agree to accept the Special
Master’s recommendation, which is consistent with prior, similar
cases. See In the Matter of Sims, 313 Ga. 117, 119 ( 868 SE2d 192 )
(2022) (accepting voluntary surrender of license on recommendation
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of Special Master where attorney committed multiple trust account
violations); In the Matter of Flit, 309 Ga. 440, 441 ( 846 SE2d 403 )
(2020) (accepting voluntary surrender of license on recommendation
of Special Master where attorney failed in two separate matters to
give accounting of settlement proceeds or deliver funds to clients);
In the Matter of Dabney-Froe, 302 Ga. 746, 746-747 ( 808 SE2d 649 )
(2017) (accepting voluntary surrender of license where attorney
failed promptly to disburse funds or provide accounting of funds).
Accordingly, it is ordered that the name of Amber Holly Bunch be
removed from the rolls of persons authorized to practice law in the
State of Georgia. Bunch is reminded of her duties pursuant to Bar
Rule 4-219 (b).
Voluntary surrender of license accepted. All the Justices concur.
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Decided August 9, 2022.
Voluntary surrender of license.
Paula J. Frederick, General Counsel State Bar, William D.
NeSmith III, Deputy General Counsel State Bar, Jenny K.
Mittelman, Andreea N. Morrison, Assistant General Counsel State
Bar, for State Bar of Georgia.
Ivan A. Gustafson, for Bunch.
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