The state Supreme Court has disbarred former Georgia Congresswoman Denise Majette, finding she overbilled clients and misled the court about how much she was owed in fees.
Friday’s 4-2 decision agreed with the recommendation of a special master who investigated a complaint that a former client filed against Majette in 2010. The special master — a lawyer appointed to investigate the complaint — wrote in a 36-page report a year ago that he found “inexcusable” conduct involving unsubstantiated legal billings.
The justices agreed and noted that Majette “has failed to express any remorse.”
Justice Harold Melton, who along with Chief Justice Hugh Thompson disagreed with the majority, wrote in the dissent that Majette had no disciplinary problems in 30 years of an otherwise “distinguished career” and disbarment was too severe.
“I believe that a prolonged suspension with conditions for reinstatement, rather than disbarment, would be a more appropriate sanction,” Melton wrote.
Majette did not respond Friday to telephone messages or emails seeking comment.
The Supreme Court’s order means Majette no longer can practice law in the state of Georgia. She cannot appeal the decision.
Majette, a DeKalb County State Court judge for nine years, defeated U.S. Rep. Cynthia McKinney in the 2002 Democratic Primary. Majette went on to win the general election that year to represent the Fourth Congressional District. She resigned after one term in Congress to run for the U.S. Senate but lost to Republican U.S. Sen. Johnny Isakson in the 2004 general election.
Majette returned to practicing law part-time and has sold real estate since 2005. She ran for public office once more, in 2008 for state school superintendent, but lost to Republican Kathy Cox.
By 2008, Majette was having financial problems. It was then that she began asking other lawyers for loans and submitting false time sheets and invoices to her clients and the courts, according to the special master’s report and Friday’s Supreme Court decision.
One of those lawyers declined to make a loan but instead invited her to join a team of lawyers representing beneficiaries in a trust case. According to the decision, Majette agreed to accept $200 an hour, and she was paid a total of $24,500 between Sept. 2, 2009, when she signed a retainer, and March 2010.
When the trust case was resolved, Majette filed a motion seeking $130,000 in legal costs on behalf of the clients, claiming a rate of $500 per hour for 260 hours, a tally that was based on her memory and notes because she did not keep time records. The lead attorney billed for only 140 hours at $300 per hour.
According to the ruling, Majette demanded that one of the trust case clients pay her $39,400 when she could not get $38,000 that she said the lead attorney owed her. The client wired her $15,000 but asked for a bill.
Subsequently, the client filed a complaint with the State Bar of Georgia, which recommends any discipline of an attorney to the state Supreme Court.
The special master, Hal Daniel, wrote in his report that Majette, who denied she was paid a $24,500 retainer, had characterized the dispute as a disagreement about fees.
Daniel wrote Majette did not rebut allegations that she failed to account for fees already paid to her, submitted inaccurate and fraudulent bills to her client, and committed perjury or fraud when filing a court motion seeking fees.
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