In the Supreme Court of Georgia

Decided: October 11, 2023

S23Y0688, S23Y0918. IN THE MATTER OF RYAN CURTIS 

CLEVELAND.

PER CURIAM.

These disciplinary matters are before the Court on two Notices 

of Discipline filed by the State Bar of Georgia’s State Disciplinary 

Board (“the Board”) against Respondent Ryan Curtis Cleveland 

(State Bar No. 142377). The Notices of Discipline arise out of 

Cleveland’s misconduct in the representation and abandonment of 

eight clients.

1 Cleveland, who was admitted to the State Bar in 2005,

1 The grievances underlying S23Y0688 were filed in July and September 

2022, and resulted in the initiation of four State Disciplinary Board Docket 

matters, SDBD Nos. 7679, 7680, 7681, and 7682. Following the State Bar’s 

investigation, the Notice of Discipline was filed in March 2023 and sought a 

six-month suspension. The grievances underlying S23Y0918 were filed in 

February 2022, October 2022, and February 2023, and resulted in the 

initiation of four State Disciplinary Board Docket matters, SDBD Nos. 7708, 

7709, 7710, 7711. Following the State Bar’s investigation, the Notice of 

Discipline was filed in May 2023 and sought disbarment. Because of the 

similarity in the misconduct alleged, we consider the matters together and 
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is currently suspended as a result of his failure to respond to the 

Notice of Investigation underlying S23Y0688. See Bar Rule 4-204.3 

(a), (d); Case No. S23Y0560 (Jan. 27, 2023). Additionally, Cleveland 

received a formal letter of admonition in January 2022 for 

misconduct similar to the misconduct charged here.2 We agree that 

Cleveland’s history of abandonment of clients and failure to 

participate in the disciplinary process warrants his disbarment.

Cleveland was properly served with the Notice of Discipline in 

each matter, but has not filed a Notice of Rejection in either case. 

Therefore, he is in default and has waived his right to an evidentiary 

hearing. See Bar Rule 4-208.1 (b). Additionally, by virtue of his 

default, the facts alleged in the Notices of Discipline are deemed 

admitted. See, e.g., In the Matter of Bonnell, 316 Ga. 460, 460 (888 

focus on the sanction of disbarment recommended in S23Y0918. See Bar Rule 

4-208.1 (b) (Court is not bound by the discipline recommended in a Notice of 

Discipline).

2 Although the issuance of a formal letter of admonition is a form of 

confidential discipline, see Bar Rule 4-102 (b) (6), in the event of a later 

disciplinary proceeding, the confidentiality of the imposition of the prior 

confidential discipline is waived. See Bar Rule 4-208.
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SE2d 523) (2023); In the Matter of Blain, 315 Ga. 475, 476 (883 SE2d 

315) (2023).

The facts, as deemed admitted, are as follows. In the matter 

underlying State Disciplinary Board Docket (“SDBD”) No. 7679, a 

client hired Cleveland in August 2019 to represent him in a divorce 

and custody case and paid Cleveland a $2,600 retainer. The client 

asked Cleveland to seek a temporary parenting plan so that he could 

have visitation with his daughter, whom he had not seen since June 

2019. Cleveland failed to file any pleadings or motions in the client’s 

case; failed to conduct discovery; refused to communicate with the 

client despite the client’s repeated attempts; failed to notify the 

client that a final bench trial had been scheduled in August 2022; 

and failed to return the unearned fee. 

With regard to each of the other seven matters, Cleveland was 

assigned to represent an indigent defendant pursuant to a contract 

with a county’s public defender office. Cleveland failed to 

communicate with the clients, who were all incarcerated; failed to 

respond to requests for information from the clients and their
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families; failed to file any substantive pleadings or motions for bond 

in the clients’ cases; and repeatedly misled one client and the client’s 

family about the status of the client’s case. Additionally, Cleveland 

failed to notify his clients or the trial courts that he was suspended 

from the practice of law in January 2023 and was no longer able to 

represent them.

Based on these facts, the Board found probable cause to believe 

that Cleveland committed a single violation of Rule 1.53 and 

3 Rule 1.5 (a) provides that “[a] lawyer shall not make an agreement for, 

charge, or collect an unreasonable fee or an unreasonable amount for 

expenses.”
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multiple violations of Rules 1.1,4 1.2,5 1.3,6 1.4,

7 1.16 (a) and (c),8 3.2,9

8.4 (a) (4),10 and 9.311 of the Georgia Rules of Professional Conduct 

4 Rule 1.1 requires a lawyer to “provide competent representation to [his]

client.”

5 In five matters, the Bar alleged violations of Rule 1.2, without 

specifying which of the four subparts of the rule was violated. In three other 

matters, it alleged violations of Rule 1.2 (a), which requires a lawyer to abide 

by his client’s decisions concerning the scope and objectives of the 

representation, and in criminal matters, to “abide by the client’s decision, after 

consultation with the lawyer, as to a plea to be entered, whether to waive jury 

trial and whether the client will testify.” Based on the facts in the records, it

appears that the Bar intended to charge violations of Rule 1.2 (a) in the five

matters where the subpart was not specified.

6 Rule 1.3 provides that “[a] lawyer shall act with reasonable diligence 

and promptness in representing a client.”

7 In each matter, the Bar alleged a violation of Rule 1.4 without 

specifying which subparts of the rule were violated. Based on the facts in the 

records, it appears that the Bar intended to charge violations of Rule 1.4 (a) (3)

and (4), which provide that a lawyer shall “keep the client reasonably informed 

about the status of the matter” and shall “promptly comply with reasonable 

requests for information.”

8 Rule 1.16 (a) (1) and (2) provide that a lawyer shall withdraw from 

representation if the representation will result in a violation of the Georgia 

Rules of Professional Conduct or if “the lawyer’s physical or mental condition 

materially impairs [his] ability to represent the client.” Rule 1.16 (c) provides 

that when a lawyer withdraws, he shall do so “in compliance with applicable 

laws and rules.”

9 Rule 3.2 provides that “[a] lawyer shall make reasonable efforts to 

expedite litigation consistent with the interests of the client.”

10 Rule 8.4 (a) (4) provides that a lawyer shall not “engage in professional 

conduct involving dishonesty, fraud, deceit or misrepresentation.” Certainly, 

Cleveland’s knowing misrepresentations about the status of one client’s 

criminal case supports the determination that he violated Rule 8.4 (a) (4). See,

e.g., In the Matter of Lawrence, 315 Ga. 723, 725 n.1 (884 SE2d 377) (2023) 
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(“GRPC”), found in Bar Rule 4-102 (d).12 The maximum penalty for 

a single violation of any one of Rules 1.1, 1.2, 1.3, and 8.4 (a) (4) is 

(noting that violation of Rule 8.4 (a) (4) arose, in part, from lawyer’s 

misrepresentation to client that matter was proceeding when in fact it was 

not). However, the Bar has not shown what facts support a violation of Rule 

8.4 (a) (4) in the two other matters in which the violation was charged. It is 

possible that the Bar intended to charge one Rule 8.4 (a) (4) violation based on 

Cleveland’s failure to return an unearned fee. We recently recited a special 

master’s determination that a lawyer violated Rule 8.4 (a) (4) “because his 

retention of [a] client’s $1,500 [fee] amounted to a dishonest and unlawful 

conversion of those funds.” In the Matter of Hardy, ___ Ga. ___ (890 SE2d 770, 

777) (2023). However, some of us have doubts that the failure to return 

unearned fees, without more, necessarily constitutes a violation of Rule 8.4 (a) 

(4), which is punishable by disbarment. The wrongful retention of unearned 

fees is typically charged only as a violation of Rule 1.16 (d), for which the 

maximum sanction is a public reprimand and which requires, in part, that a 

lawyer refund any unearned fee upon the termination of a representation. See, 

e.g., In the Matter of Lain, 311 Ga. 427, 432-433, 434-435 (2021) (reciting 

special master’s determinations that attorney violated Rule 1.16 (d) by failing 

to refund unearned fee and violated Rule 8.4 (a) (4) when she filed a motion 

containing false information); In the Matter of Starling, 297 Ga. 359, 362-363 

(2015) (agreeing with special master’s report that determined, in part, that an 

attorney violated Rule 1.16 (d) by failing to refund an unearned fee). But in 

this case we need not decide whether the retention of an unearned fee 

constitutes a violation of Rule 8.4 (a) (4) where it is not clear that the Bar 

intended to assert that Cleveland violated that rule by his one instance of 

retaining an unearned fee. Accordingly, we rely on only one Rule 8.4 (a) (4) 

violation in our consideration of this matter.

11 Rule 9.3 provides that during investigation of a Bar disciplinary 

proceeding against him, a lawyer shall respond to disciplinary authorities in 

accordance with State Bar Rules, which require that a lawyer file a written 

response to a notice of investigation. See Bar Rule 4-204.3.

12 The Notices of Discipline set forth a number of factual allegations and 

summarily allege that Cleveland violated the enumerated rules. However, the 

Bar has not indicated what conduct constitutes a violation of which rule, and 
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disbarment, while the maximum penalty for a single violation of any 

one of Rules 1.4, 1.5, 1.16, 3.2, and 9.3 is a public reprimand.

In determining the appropriate level of discipline, the Board 

appropriately considered the ABA Standards for Imposing Lawyer 

Sanctions, including the existence of aggravating or mitigating 

factors. See In the Matter of Morse, 265 Ga. 353, 354 (456 SE2d 52) 

(1995), superseded by Rule on other grounds as stated in In the 

Matter of Cook, 311 Ga. 206, 214-215 (857 SE2d 212) (2021). We 

agree with the Board’s determination that the following factors 

should be considered in aggravation: Cleveland’s prior disciplinary 

record; his pattern of misconduct; his commission of multiple 

offenses; the vulnerability of his clients; his substantial experience 

in the practice of law; and his indifference to making restitution to 

the specific rule violation is not always obvious from the facts in the records. 

Additionally, the Notices of Discipline fail to always specify the subsections of 

the rule that Cleveland is alleged to have violated. But see Bar Rule 4-208.2 

(a) (2) (a notice of discipline “shall include” “the allegations of facts that, if 

unrebutted, support the finding” that the specific rules charged have been 

violated). 
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the client in SDBD No. 7679.13 See ABA Standard 9.22 (a), (c), (d), 

(h)-(j). We have identified no factors in mitigation.14

Having reviewed the records in both cases, we conclude that 

disbarment is the appropriate sanction for Cleveland’s misconduct 

in these matters and is consistent with the sanction imposed in 

similar cases. See In the Matter of Proctor, 313 Ga. 637 (872 SE2d 

691) (2022) (disbarring attorney who abandoned clients in civil and 

criminal matters and was found in default in disciplinary 

13 The Board also cited Cleveland’s failure to respond to the grievances 

and Notices of Investigation as a factor in aggravation. See ABA Standard 9.22 

(e) (identifying as a factor in aggravation “bad faith obstruction of the 

disciplinary proceeding by intentionally failing to comply with rules or orders 

of the disciplinary agency”). However, as noted above, Cleveland was charged 

with violating Rule 9.3 for failing to respond to the Notices of Investigation, 

and we generally decline to rely on specific conduct in aggravation of discipline 

when that same conduct is also charged as a violation of the GRPC. See, e.g., 

In the Matter of Eddings, 314 Ga. 409, 418 n.3 (877 SE2d 248) (2022). 

Moreover, the State Bar rules do not require that a lawyer respond to a 

grievance. See Bar Rule 4-202 (c) (Bar’s investigation into grievance “may 

include forwarding information received to the respondent so that the 

respondent may respond”) (emphasis supplied). 

14 Although the Board considered in mitigation that Cleveland “appears 

to be suffering from some undefined personal or emotional problems,” there is 

no indication in the records about what led the Board to this supposition. While 

a lawyer’s personal and emotional problems may be a factor in mitigation, see 

ABA Standard 9.32 (c), we decline to consider it as a mitigating factor in the 

absence of any evidence in the record supporting such a claim. 
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proceedings); In the Matter of Powell, 310 Ga. 859 (854 SE2d 731) 

(2021) (disbarring attorney who abandoned client in criminal matter 

and was found in default in disciplinary proceedings); In the Matter 

of Larson, 305 Ga. 522 (826 SE2d 99) (2019) (disbarring attorney 

who abandoned clients in criminal matters and was found in default 

in disciplinary proceedings). Accordingly, it is hereby ordered that 

the name of Ryan Curtis Cleveland be removed from the rolls of 

persons authorized to practice law in the State of Georgia. Cleveland 

is reminded of his duties pursuant to Bar Rule 4-219 (b).

Disbarred. All the Justices concur.