Yoder, possibly living under Tallahoma bridge, can’t practice for 3 years

An attorney who has been in trouble with local law enforcement has been suspended from practicing law for three years, the Mississippi Bar Association ruled this month.

    George M. “Dow” Yoder, 50, of Canton failed to properly deposit funds from two women he was hired to defend in a criminal matter in Madison County, putting each of the women’s $5,000 retainer fees in his office operating account or his personal checking account instead of his lawyer trust account, as required, according to the ruling.

Yoder only had a discussion about the case with the Madison District Attorney’s Office and didn’t answer their calls after that, according to the complaint. Another attorney took both cases and eventually got the charges expunged — for a total of $3,500 — and Yoder never refunded the women’s money. 

The women filed a formal complaint and Yoder was found guilty of violating the Rules of Professional Conduct during a formal complaint tribunal that was presided over by Judge Joseph Loper.

“Commingling” of funds is the “cardinal sin” of the legal profession, intentional or not, according to the ruling. Yoder admitted under oath to failing to deposit the funds in the proper account and for failing to keep proper records. “In fact, the tribunal was presented with no proof that Mr. Yoder even had a trust account.” He also wasn’t able to provide records showing that he was representing the two women, yet he “accepted a fee from them, and then performed little to no work.”

The ruling also called into question Yoder’s state of mind, based on observations made during the proceeding. “Based on … Mr. Yoder’s demeanor, behavior and conduct, and hearing his testimony, this Tribunal is concerned that Mr. Yoder may be presently suffering from a mental condition that would materially impair his ability to represent clients.”

Yoder was arrested in Jones County in January 2021 and charged with burglary after being caught inside a home in Rock Creek Cove, according to a report from the Jones County Sheriff’s Department. The property owner caught him there and told him to get off the property. Yoder reportedly didn’t steal anything and the charge was eventually reduced to trespassing, a misdemeanor.

Yoder ignored questions from a reporter who was trying to get his side of the story as he was being escorted from the jail to the courtroom after that charge, but he has sent several long, rambling emails to the Leader-Call since that time.

One was a copy of his request for an extension of five days to answer Loper’s ruling after referring to the proceeding as “trial by ambush” and concluding that he was denied a fair trial “in what amounted to a Kangaroo court.”

The letter was signed by Yoder and it showed that his address was the “Tallahoma Creek Bridge” at the “Intersection of Sharon Moss Road.”

Yoder’s address at the time of his arrest was in Canton and his law practice was in Ridgeland, but he had reportedly been staying with family members near where he was arrested. A check of Yoder’s criminal history shows that he was arrested in Marion County on Dec. 27 for violation of a protective order.

Yoder was a candidate for the state Court of Appeals in 2016 after serving as ADA in Madison County and he was special assistant U.S. Attorney in the Jackson Division of the Southern District Court.

He represented James Barnett in a civil suit that was settled with the City of Laurel after two officers were accused of beating his client after a high-speed pursuit into Jasper County in 2018.

Yoder has also represented several defendants in criminal cases in Jones County Circuit Court in recent years, winning some of those trials — including for an accused drug dealer in Laurel and an accused child molester in Ellisville.

     The ruling calling for Yoder to be suspended from practicing law for three years concluded: “The nature of misconduct and the lawyer’s mental state at the time of his conduct are necessarily intertwined … Preserving the dignity of the profession and protecting the public are serious considerations in this case.”

Copies of the opinion and judgment were sent to judges in Jones and Madison counties to include in their minutes, according to the ruling. Yoder is forbidden from “directly or indirectly accepting any fee for legal services” or from “using his name, in any manner, with phrases ‘attorney at law,’ ‘attorney,’ ‘counselor at law’, ‘counsel’ or ‘lawyer.’”

He is also required to notify any clients in writing of his suspension and his inability to represent them and return any files that they request.

Yoder will be required to apply for reinstatement to the bar after three years of complying with the terms of the ruling. “Additionally, it is recommended that before Mr. Yoder is reinstated, he should be referred to the Lawyers and Judges Assistance Committee for evaluation and, as recommended by such committee, treatment, monitoring and assistance.”

 

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