Albany attorney requests temporary suspension of his law license amid ongoing disciplinary matters

ALBANY – An Albany attorney has filed a petition to voluntarily suspend his license to practice law in Georgia after the State Bar requested an emergency suspension.

Joseph Durham Jr. filed a Petition for Voluntary Discipline Monday, requesting that the court impose an emergency suspension in accordance with State Bar rules, until the resolution of multiple disciplinary matters pending against him. This comes after the State Bar filed a petition for emergency suspension, alleging that Durham made numerous violations, including the misuse of client funds and the falsification of documents. 

In his response to this petition, Durham admitted that “the State Bar has alleged a sufficient factual basis for a finding that he poses a substantial threat of harm to his clients or the public based on the way that he has managed funds entrusted to him.” However, Durham has not admitted specific instances of misconduct alleged in the State Bar’s petition.

Durham will not be able to take on any new clients or accept any retainers for future legal services. He must promptly notify all clients he represents in pending matters as well as opposing counsel and any courts or administrative tribunals involved in these cases. 

According to the petition, Durham will cooperate with the State Bar to complete a full forensic audit of his relevant bank accounts. 

LaRae Dixon Moore, the special master handling this case, recommended the court emergency-suspend Durham on Sept. 23. The Georgia Supreme Court must now review the signed surrender. 

The suspension would be temporary, pending the outcome of three disbarment petitions already before the court. If the Supreme Court later decides to disbar him, the license will be permanently revoked. If not, the suspension is lifted. 

An emergency hearing scheduled for Wednesday morning also was canceled in light of Durham’s request for voluntary suspension. 

Matthew Wilson, an attorney representing Durham, said Durham takes these allegations and his ethical obligations “very seriously.” 

“He has offered to temporarily suspend his law practice while these disciplinary matters are pending, so that … they’re not a distraction for his current clients, and that they’re receiving the appropriate representation that they deserve,” Wilson said. 

He said this temporary suspension also gives Durham the time to respond appropriately to the allegations, ensuring the special master knows “what’s fact and what’s fiction.” 

Wilson said there is no clear timeline as far as the approval of the temporary suspension or disbarment petitions. 

“If we were just talking about the three cases that have been formally charged … that process moves pretty predictably … I could say within four or six months,” Wilson said. “But, because we’re also talking about several complaints that are still in the investigation stage … there’s no timeline for the State Bar to decide what they’re going to do with those.”

Wilson said Durham is working with his current clients to ensure a smooth transition and that their rights are protected during this process. 

Phil Cannon, an Albany attorney who represented previous clients Durham was alleged to have handled with misconduct, said it’s the responsibility of a lawyer to protect the most vulnerable and uphold the rule of law. 

“You are granted the privilege of practicing law in a state, and when you set up shop in a local community … it’s important that the community knows it has people looking out for the community as a whole,” Cannon said. 

Cannon said Georgia has a good bar organization.

“We do a very good job policing ourselves, punishing those that do wrong,” he said. “If the community believes that they have a lawyer and that lawyer is not following the rules, they need to go and file a bar complaint and let that process take its course. If there are clients in the community who are currently represented by Mr. Durham … I would encourage them to seek advice from another lawyer in order to make determinations of how they should go forward.”