In the Matter of Darryl J. Ferguson

── In the Matter of Darryl J. Ferguson ── Court: Supreme Court of Georgia Date: April 21, 2026 Category: General NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any prior version on the Court’s website and docket. A bound volume of the Georgia Reports will contain the final and official text of the opinion. In the Supreme Court of Georgia Decided: April 21, 2026 S26Y0093. IN THE MATTER OF DARRYL J. FERGUSON. PER CURIAM. This disciplinary matter is before the Court on the Report and Recommendation of the State Disciplinary Review Board (“Review Board”), which adopts Special Master Delia T. Crouch’s Report and Recommendation concluding that Darryl J. Ferguson (State Bar No. 250630) violated Rules 1.15(I)(b)(2)(iii), (c) and (d) of the Georgia Rules of Professional Conduct (“GRPC” or “Rule”), found in Bar Rule 4-102(d). The Review Board recommended that the Court suspend Ferguson for 60 days with his reinstatement conditioned on making restitution. Ferguson has filed exceptions to the Review Board’s Report and Recommendation, and the Bar has responded. Because we conclude that the Bar has failed to prove that Ferguson violated Rule 1.15(I) as charged, we impose no discipline and dismiss the case. 1. Background & Procedural History (a) In February 2024, the Bar filed a Formal Complaint charging Ferguson with violations of Rules 1.15(I)(b)(2)(iii), (c), and (d). Rule 1.15(I) says, in relevant part: (b) For purposes of this rule, a lawyer may not disregard a third person’s interest in funds or other property in the lawyer’s possession if: (1) the interest is known to the lawyer, and (2) the interest is based upon one of the following: i. A statutory lien; ii. A final judgment addressing disposition of those funds or property; or iii. A written agreement by the client or the lawyer on behalf of the client guaranteeing payment out of those funds or property. The lawyer may disregard the third person’s claimed interest if the lawyer reasonably concludes that there is a valid defense to such lien, judgment, or agreement. (c) Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property 2  that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property. (d) When in the course of representation a lawyer is in possession of funds or other property in which both the lawyer and a client or a third person claim interest, the property shall be kept separate by the lawyer until there is an accounting and severance of their interests. If a dispute arises concerning their respective interests, the portion in dispute shall be kept separate by the lawyer until the dispute is resolved. The lawyer shall promptly distribute all portions of the funds or property as to which the interests are not in dispute. The maximum penalty for a violation of this rule is disbarment. The Bar contends that Ferguson violated Rules 1.15(I)(b)(2)(iii), (c), and (d) by disregarding a chiropractor’s interest in the settlement funds recov