South Carolina Lawyers Weekly

Respondent failed to credit his clients’ fee payments, and he also used $4,000 of the clients’ settlement proceeds to pay a contractor who had done work for a different client, from whom respondent had misappropriated trust funds. Respondent thus violated ...

Because respondent—a now-disbarred attorney who was serving as defense counsel in 2012—accepted a check from his client as payment for a judgment against the client, and because respondent never disbursed the proceeds to the plaintiff’s attorney, the client ended up ...

S.C. Code Ann. § 44-23-410 sets out the procedure to be followed when a defendant in family or circuit court appears to be incompetent to stand trial. The fact that § 44-23-410 fails to mention summary courts does not mean ...

  Although a Supreme Court ruling meant two of four convictions designated in the defendant’s 2008 presentence report no longer qualified as “violent felonies,” it was not improper for the new presentence report to include a separate 1979 conviction because ...

  Although the home purchasers alleged they were steered to a particular title company because of undisclosed kickbacks paid by that company to the realtor, they failed to allege they were charged more by the title company and thus lacked ...

  In an issue of first impression, the court held that to succeed on a claim a hospital admission was not made in good faith, evidence must show the hospital admitted a patient solely to satisfy its Emergency Medical Treatment ...

  Where a company has evaded paying damages stemming from its breach of a licensing agreement, an anti-clawback injunction preventing collected funds from being sent to the United Kingdom was within the court’s authority, respected comity and was procedurally sound. ...

  While a defendant failed to establish that his 1989 conviction for a Texas burglary did not qualify as an aggravated felony, because he was sentenced under the more punitive 2016 guidelines and it was not clear the sentence would ...

  A court may consider the possibility of “banked time” when reducing a defendant’s sentence under the First Step Act. Here, because the court’s consideration when analyzing the factors of deterrence and protection of the public under 18 U.S.C. § ...

  The class action settlement with Lumber Liquidators was fair and adequate, as it was the result of arms-length negotiations and included an assessment of available defenses. However, the attorneys’ fee award was vacated because it was error not to ...