The fiduciary duty of a lawyer is absolute, extending even to the funds owed to the estates of deceased clients. In a powerful disciplinary action, the Supreme Court of Georgia accepted the voluntary surrender of the license of attorney Stephen Dana Morrison, Jr. in May 2025, after he admitted to knowingly converting $27,500 in client settlement funds for his personal use.
For the purpose of professional ethics, a voluntary surrender of license in the face of such charges is tantamount to disbarment, permanently ending Morrison’s legal career.
The Misconduct: Converting Funds from Estates
Morrison, a member of the State Bar since 1993, faced charges stemming from his handling of a personal injury case involving two clients who later died. The case settled for $27,500.
- Fiduciary Breach: In January 2020, the settlement funds were deposited into Morrison’s trust account. He was fully aware of his obligation to resolve any potential Medicare liens and then distribute the remainder to the clients’ estates.
- The Theft: Instead of safeguarding the funds, Morrison, citing mental and emotional difficulties, converted the entire $27,500 for his own personal use and never distributed the money to the estates.
- Ethical Violations: Morrison admitted to violating two core rules of the Georgia Rules of Professional Conduct (GRPC), both carrying the maximum penalty of disbarment:
- Rule 1.15(I)(a): Failing to keep client funds separate from his own and failing to appropriately safeguard those funds.
- Rule 1.15(II)(b): Improperly withdrawing client funds from the trust account for personal use and failing to maintain accurate trust account records.
The Legal Outcome: Disbarment by Voluntary Surrender
Facing these severe charges, Morrison filed a petition for the voluntary surrender of his license. The Special Master and the Supreme Court of Georgia reviewed the case under the American Bar Association (ABA) Standards for Imposing Lawyer Sanctions.
- Intentional Act: The Special Master found that Morrison acted knowingly and intentionally, causing serious injury to the clients’ estates.
- Aggravating Factors: The findings included several factors supporting the maximum penalty, such as a dishonest or selfish motive and substantial experience in the practice of law (admitted 1993).
- The Ruling: The Supreme Court accepted the voluntary surrender, noting that this action is equivalent to disbarment. While Morrison acknowledged his error and stated he was seeking a loan to repay the estates, the Court clarified that restitution is a factor to be considered by the Fitness Board only if he ever applies for readmission in the future, not as a condition imposed at the time of surrender.
Conclusion: No Excuse for Trust Account Theft
The disbarment of Stephen Dana Morrison, Jr. reaffirms the absolute necessity of financial integrity within the legal profession. While the court noted the difficulties cited by Morrison, no personal challenge can excuse the intentional theft of client funds, especially from the estates of the deceased.
The Georgia Supreme Court’s ruling sends an unequivocal message: the IOLTA trust account is sacrosanct. Any attorney who knowingly converts client property for personal use will permanently forfeit the privilege to practice law, protecting both the public and the integrity of the bar.