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Georgia Supreme Court Disbars Attorney for Client Fund Misuse

The Georgia Supreme Court has disbarred attorney Nubiyn Matamalaki Mosi Mzekewe after a Special Master found he violated eight professional conduct rules. The court accepted the recommendation without exceptions from either party.

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4 min readcourtlistener
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Case Information

Case No.:
S26Y0121

Key Takeaways

  • Attorney disbarred for violating eight Georgia Rules of Professional Conduct
  • Misconduct included misusing client funds and collecting unreasonable fees
  • Neither party filed exceptions to Special Master's disbarment recommendation

The Georgia Supreme Court has disbarred attorney Nubiyn Matamalaki Mosi Mzekewe following multiple violations of professional conduct rules, according to a per curiam opinion issued Jan. 21, 2026. The disbarment follows a recommendation from Special Master Adam Hames, who found that Mzekewe violated eight separate Georgia Rules of Professional Conduct.

Mzekewe, who has been a member of the Georgia State Bar since 2010 and holds Bar No. 519898, was found to have violated Rules 1.2(a), 1.4(a)(1) and (4), 1.5(a) and (b), 1.15(I)(a) and (d), 1.15(II)(b), and 3.1 of the Georgia Rules of Professional Conduct. These violations encompassed multiple areas of professional misconduct that fundamentally breached his duties to clients and the legal profession.

The Special Master concluded that Mzekewe engaged in several forms of misconduct, including improperly expanding the scope of his legal representation beyond what clients had authorized. This violation of Rule 1.2(a) represents a fundamental breach of the attorney-client relationship, as lawyers are required to abide by client decisions concerning the scope and objectives of representation and must consult with clients about the means by which those objectives are pursued.

Additionally, the court found that Mzekewe pursued warrantless claims, violating professional standards that require attorneys to have a good faith basis for legal actions. This conduct violated Rule 3.1, which governs meritorious claims and contentions in legal proceedings.

Among the most serious violations were those related to client funds and fee collection. The Special Master determined that Mzekewe collected unwarranted and unreasonable fees, violating Rules 1.5(a) and (b), which establish standards for reasonable attorney fees and prohibit clearly excessive fees. Rule 1.5(a) requires that attorney fees be reasonable, taking into account factors such as the time and labor required, the novelty and difficulty of questions involved, and the experience and reputation of the lawyer.

Perhaps most troubling were the violations related to client fund management. The court found that Mzekewe failed to hold disputed funds separate from his own property and withdrew funds for his personal use. These actions violated Rules 1.15(I)(a) and (d) and 1.15(II)(b), which govern the safekeeping of client property and funds. These rules are fundamental to maintaining trust in the legal profession and protecting clients from financial harm.

The violations also extended to communication failures. Mzekewe was found to have violated Rules 1.4(a)(1) and (4), which require attorneys to promptly inform clients of decisions requiring informed consent and to comply with reasonable requests for information. These communication requirements are essential for maintaining transparency in the attorney-client relationship.

The disciplinary case, designated as State Disciplinary Board Docket No. 7868, began on April 3, 2024, when the State Bar filed a formal complaint against Mzekewe. The case proceeded through the disciplinary process with Special Master Hames conducting a thorough review of the allegations and evidence.

Notably, neither the State Bar nor Mzekewe filed exceptions to the Special Master's report and recommendation with the Georgia Supreme Court. This lack of objection from either party suggests agreement with both the factual findings and the recommended sanction of disbarment.

After reviewing the complete record, the Georgia Supreme Court agreed with the Special Master's conclusion that disbarment was the appropriate sanction. The court's per curiam opinion indicates unanimous agreement among the justices regarding both the violations and the severity of the discipline imposed.

Disbarment represents the most severe professional sanction available, effectively ending an attorney's legal career in Georgia. The sanction reflects the court's determination that Mzekewe's conduct was so serious that it warranted complete removal from the practice of law rather than lesser sanctions such as suspension or public reprimand.

The case highlights the critical importance of attorney compliance with professional conduct rules, particularly those governing client fund management and fee collection. The Georgia Rules of Professional Conduct serve as the foundation for maintaining public trust in the legal profession and ensuring that attorneys meet their fiduciary duties to clients.

For clients and the public, this case underscores the robust disciplinary system that exists to address attorney misconduct. When attorneys violate their professional obligations, particularly in matters involving client funds and unauthorized expansion of representation, the consequences can include the permanent loss of their license to practice law.

The opinion is subject to potential modification under Supreme Court Rule 27, which allows for motions for reconsideration, court reconsideration, and editorial revisions. The final version will be published in the Advance Sheets for the Georgia Reports and will replace any prior versions on the court's website and docket.

Topics

Professional ConductLegal EthicsAttorney DisbarmentClient RelationsFee DisputesTrust Fund Violations

Original Source: courtlistener

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