A former Gainesville attorney was suspended from the practice of law for two years this week after five former clients filed grievances against him.
Benjamin Lanier Bagwell admitted to failing to communicate with clients and also failing to properly pursue their cases, according to a ruling issued this week by the Supreme Court of Georgia.
In three of the cases, the clients had adverse rulings entered against them in court as a result of Bagwell’s misconduct, according to the ruling. Bagwell later refunded their retainers and paid one client $12,000 in “an effort to make the client whole,” according to the court’s ruling.
Bagwell, 42, was the former owner and occupant of downtown Gainesville’s Jackson building for about eight years. In 2007, the financial responsibilities for the building were taken over by his father, Lanier Bagwell.
In 2008, Benjamin Bagwell’s name was submitted by his wife, Kristin, to the state Judicial Nominating Commission as one of six nominees for a Hall County State Court Judgeship appointed by Gov. Sonny Perdue. The post later went to former Hall County Solicitor-General Larry Baldwin.
In June 2008, Bagwell was arrested by Gainesville police and charged with family violence battery for an alleged incident involving Kristin Bagwell. That misdemeanor case, which is being prosecuted by an assistant solicitor out of Gwinnett County after local prosecutors recused themselves, remains pending.
Bagwell’s suspension from the practice of law is unrelated to the pending domestic violence charge.
Bagwell later moved away from Gainesville. Efforts to get in touch with Bagwell were unsuccessful.
Bagwell blamed his misconduct on mental health issues and marital strain, according to the court’s order.
He cannot be reinstated to the state bar until Feb. 8, 2012, and then only after a review panel certifies he is fit to practice law.
Chief Justice Carol Hunstein dissented from the majority opinion, writing that based on Bagwell’s admitted conduct, she would disbar Bagwell from the practice of law.