Facts

Shere R. Bailey was admitted to practice in 1991 and practiced primarily in probate and estate planning matters. Between 1994 and 1998, she engaged in misconduct involving four separate clients, three probate matters and one estate planning representation.

In the first probate case, Bailey collected a $1,500 fee without court approval, demanded additional payments, then abandoned the client by vacating her office and failing to respond to communications. The client was forced to complete the probate independently.

In the second probate matter, Bailey was hired to prevent foreclosure on estate property but failed to communicate with the client or take action. The property was ultimately sold at foreclosure due to her inaction, causing significant financial harm.

In the third probate case, Bailey accepted more than $4,000 in advance fees without court authorization, failed to perform services, disappeared without leaving contact information, and abandoned the client.

In a separate estate planning matter, Bailey accepted nearly $2,500 to prepare documents but failed to correct known errors and ceased communicating with the client entirely.

Bailey also failed to respond to State Bar investigation letters and failed to maintain a current official address, resulting in her default in disciplinary proceedings.

Charges & Violations

• Rule 3-110 — Failure to perform competently
• Rule 3-700 — Improper withdrawal and failure to return client property
• Rule 4-200 — Illegal fees
• §6068(m) — Failure to communicate
• §6068(j) — Failure to maintain current address
• §6068(i) — Failure to cooperate with State Bar investigation

Defenses

Bailey presented no defense because she failed to participate in disciplinary proceedings. Her default resulted in all well-pleaded allegations being deemed admitted.

The Review Department emphasized that default does not justify imposing lesser discipline and that public protection concerns require meaningful sanctions even when the attorney fails to appear.

Mitigation

• No prior discipline

No other mitigation was established because Bailey did not participate in the proceedings.

Aggravation

• Multiple acts of misconduct
• Significant client harm
• Failure to cooperate with investigation
• Failure to participate in disciplinary proceedings

Key Legal Principles

Default Does Not Reduce Discipline

The court held that an attorney’s failure to appear cannot justify eliminating stayed suspension or probationary authority because doing so would result in less discipline for defaulting attorneys than for those who participate.

Stayed Suspension Remains Necessary

Even when actual suspension continues until rehabilitation is proven, stayed suspension remains essential to protect the public and maintain disciplinary oversight.

Rule 205 Framework

Rule 205 shifts the burden to defaulting attorneys to demonstrate rehabilitation before returning to practice and allows probation conditions to be imposed upon termination of actual suspension.

Sanctions Table

Outcome

The Review Department increased discipline beyond the hearing judge’s recommendation and ordered:

• Five-year suspension, stayed
• Two-year actual suspension
• Restitution to two clients
• Proof of rehabilitation under Standard 1.4(c)(ii)
• Authority for future probation conditions under Rule 205
• MPRE requirement