In the Supreme Court of Georgia

Decided: February 1, 2021

S21Z0449. IN THE MATTER OF STEPHEN VINCENT 

FITZGERALD, JR.

PER CURIAM.

This matter is before the Court on the Application for 

Certification of Fitness to Practice Law, pursuant to Part A, Section 

10 of the Rules Governing Admission to the Practice of Law in 

Georgia (the “Rules”), submitted by Stephen Vincent Fitzgerald, Jr. 

Fitzgerald was originally admitted to the practice of law in 1998 but 

voluntarily surrendered his license to practice law in 2011 after 

admitting a failure to account for and distribute approximately 

$455,000 of funds belonging to third parties, in violation of the 

Georgia Rules of Professional Conduct 1.15 (I) and (II), found at Bar 

Rule 4-102 (d). See In the Matter of Fitzgerald, 289 Ga. 745 (715 

SE2d 135) (2011). Fitzgerald now seeks readmission, and, following 
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review of his application and his appearance at an informal 

conference, the Board to Determine Fitness of Bar Applicants (the 

“Fitness Board”) voted to recommend granting Fitzgerald’s 

application. The application is now before this Court for final 

adjudication. See Bar Admissions Rules, Part A, Section 10 (e) 

(“[t]he Supreme Court shall make the final determination regarding 

certification of fitness” of attorneys applying for readmission to the 

practice of law).

On December 4, 2019, Fitzgerald filed an Application for 

Certification of Fitness to Practice Law, in which he took 

responsibility for his actions; expressed remorse that his actions 

diminished the trust that the general public places in the legal 

profession; explained that the conduct that led to the voluntary 

surrender of his license was the result of a serious struggle with 

substance abuse; and described his efforts to become sober and 

maintain his sobriety. He detailed his now close relationship with 

his family; his current, stable employment; and his community 

service work. In addition to his statement of rehabilitation, 
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Fitzgerald submitted letters of recommendation from several 

individuals, including attorneys and his therapist, all of whom attest 

to Fitzgerald’s integrity and empathy and to his potential to once 

again become a productive member of the Bar.

Through its investigation, the Fitness Board determined that 

no active grievances or other disciplinary matters against Fitzgerald

are pending before the State Bar and that no restitution was 

required to be made to the Client Security Fund.

1 In addition, once 

notified of Fitzgerald’s intent to seek readmission to the Bar, the 

Chief Judge of the Northeastern Judicial Circuit, where Fitzgerald 

primarily had practiced, indicated that she had spoken to other 

judges in the circuit and that they had no objection to Fitzgerald’s

readmission. Further, another judge in Hall County wrote 

separately about Fitzgerald’s participation in the county’s Drug 

 

1 Fitzgerald told the Fitness Board that his financial malfeasance 

harmed two victims, a title insurance company and a revocable trust. He 

reported that the title insurance company did not respond to his later inquiries 

and that he discharged that debt in bankruptcy. He reported that he did not 

discharge his debt to the trust and now makes monthly payments on it. He said 

he hoped to increase his payments if readmitted as a licensed attorney.
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Court, reporting that he was convinced that Fitzgerald should be 

readmitted to the Bar.2

At an informal conference convened before the Fitness Board, 

Fitzgerald acknowledged that he left a “trail of destruction” in the 

wake of his addiction and misuse of trust accounts; described his 

efforts to remediate the harm his actions caused, detailing 

repayment efforts and community service; and reported on the 

various steps he has taken to maintain his sobriety since December 

2011. After considering Fitzgerald’s testimony and written 

submissions, the Fitness Board concluded that he had, by clear and 

convincing evidence, carried his burden of demonstrating 

rehabilitation. See In re Cason, 249 Ga. 806, 808 (294 SE2d 520) 

(1982) (bar admission applicant bears burden to establish 

rehabilitation by clear and convincing evidence). 

Upon consideration of the entire record, we likewise conclude 

that Fitzgerald has shown that he is entitled to be certified as fit to 

 

2 Fitzgerald reports that he successfully completed the Drug Court 

program in 2013.
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practice law in Georgia. Accordingly, as it appears that Fitzgerald 

has satisfied all of the requirements for approval of his application 

for certification of fitness, see Rules, Part A, Section 10, this Court 

hereby grants Fitzgerald’s application for certification of fitness and 

orders that, upon satisfaction of all the requirements of Part B of the 

Rules, including taking and passing the Georgia Bar Examination, 

Fitzgerald may be readmitted as an attorney licensed to practice law 

in the State of Georgia.

Certification of fitness for readmission granted. All the Justices 

concur.