Georgia Bar seeks emergency suspension of Albany lawyer

ATLANTA – The State Bar of Georgia has filed a petition for the emergency suspension of an Albany attorney. 

The petition, filed on Sept. 12, alleges attorney Joseph Durham Jr. made numerous violations of the Georgia Rules of Professional Conduct and argues that Durham’s conduct poses a substantial threat of harm to his clients and the public. It calls for his emergency suspension until the final resolution of his pending disciplinary matters, which The Albany Herald reported on in July. 

“Respondent is actively receiving settlement money belonging to his clients and using that money to pay for his own obligations and those of other clients without telling his clients what he is doing with their settlement funds,” the petition’s conclusion reads. “Respondent is actively converting and misusing funds recovered on behalf of clients. All of this conduct puts respondent’s clients and members of the public in significant and present danger.”

Durham’s alleged violations span across multiple cases. The petition notes he is the subject of seven pending disciplinary matters before a Special Master. Columbus-based attorney LaRae Dixon Moore was sworn in as the Special Master handling this case on Sept. 12.

Durham is accused of misuse of client funds.

In the Shannon Payne case, Durham allegedly received a $1.5 million settlement but used a substantial portion to pay personal debts and obligations to other clients, leaving Payne significantly short.

Similar allegations are made regarding other settlements, including a $625,000, in a wrongful death case in which Durham represented Kiwanis Reid, Tony Reid Jr., Monquavious Reid and Dominique Reid in Reid v. Phoebe Putney Memorial Hospital.

“Respondent (Durham) told Kiwanis that he had settled the matter for $650,000,” the petition reads. “In fact, respondent had settled the matter for $625,000.”

Durham also was allegedly using these settlement funds for expenses for his own businesses, Strategic Wealth Planners LLC (SWP) and Esquire Legal Funding LLC. He did this without informing clients, the suit charges. 

Durham purportedly transferred Dominique Reid’s funds to his personal “Strategic Wealth Planners” LLC account with the Bank of Dawson. 

“Respondent represented to the Reids that Dominique’s funds would be going into a ‘structured settlement,’ whereby Dominique’s funds would be safely invested, and Dominique would receive regular payments over a lengthy period of time rather than receiving a single lump sum,” the petition read. “However, SWP is not, and never was, a structured settlement company; thus, Dominique’s funds were not placed in a structured settlement.

The petition also noted numerous instances of insufficient funds in Durham’s accounts and bounced checks issued to clients. 

Durham is accused of the falsification of documents and making false statements to the State Bar and State Disciplinary Board in multiple cases mentioned in the petition. He also allegedly misrepresented facts to clients regarding settlements and expenses. 

Further allegations include the submission of frivolous legal filings aimed at harassing other individuals and the failure to respond fully to formal requests from the State Bar for records related to his finances and legal practice. These requests included client intake forms, settlement statements, and accounting records such as QuickBooks and Clio data. Though the Bar granted him an extension to provide this material, Durham had not complied by the time the petition was filed.

In a separate case stemming from a February 2022 shuttle accident in Vienna, Georgia, Durham is accused of reaching settlements without his clients’ informed consent. He allegedly told the families of two deceased passengers that they would need to pay his legal expenses out of pocket unless they allowed him to retain settlement funds.

The petition points out that Durham used improperly constituted Interest on Lawyers’ Trust Accounts (IOLTA), failing to use the correct Tax ID numbers.

The petition requests a hearing before a Special Master to determine whether Durham should be suspended pending the outcome of the disciplinary proceedings. The attorneys representing the State Bar are Russell D. Willard, Andrea N. Morrison, and James S. Lewis.  Attorney S. Lester Tate III and W. Matthew Wilson represent Durham.

Wilson released this statement, regarding the petition.

“The State Bar’s allegations against Mr. Durham are grossly inaccurate, and we look forward to setting the record straight on his day in court,” the statement read. “For two decades, Mr. Durham has represented the citizens of southwest Georgia, helping them obtain justice through some of the most difficult and challenging times in their lives. We take these allegations seriously and are gathering all necessary information and documents to prove them untrue.”