By: David Donovan//August 14, 2019
Attorney: Brian DeQuincey Newman
Location: Columbia
Bar membership: Member since 2008
Disciplinary action: Reinstated to the practice of law on May 13
Background: Newman was suspended from the practice of law for six months on Nov. 14, 2018, retroactive to the Jan. 8, 2016 date of his interim suspension. Newman failed to file state income tax returns and pay state taxes for the years 2012 and 2013. In 2016 he pleaded guilty to two counts of failing to file income tax returns and failing to pay state income taxes. He was sentenced to one year, suspended to two years’ probation, which was reduced to six months’ probation based upon his having made full restitution. Additionally, Newman received a fee and deposited it into his operating account and treated the money as an advance fee pursuant to a written fee agreement with his client, but the agreement neither informed the client of their right to terminate the lawyer-client relationship and discharge him, or that the client might be entitled to a refund of all or a portion of the fee if the agreed-upon legal services were not provided. Newman also failed to adequately maintain his financial records as required by financial recordkeeping requirements. Newman filed a petition for reinstatement, and the Supreme Court unanimously granted his request.
Previous discipline: Newman had also been on administrative suspension since April 2017 for failure to comply with CLE requirements.