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Attorneys – Discipline – Definite Suspension – Overbilling
The respondent-associate is suspended from the practice of law after using his firm’s software to inflate the hours that he worked, resulting in an overpayment of $17,772.74 by the firm (no clients overpaid). The associate repaid the overpayment, expresses remorse and explains that his preoccupation with financial security arose from his disadvantaged upbringing. Respondent explains […]
Attorneys – Discipline – Definite Suspension – Domestic Violence – Alcohol Monitoring
After an altercation with her boyfriend in which both parties suffered minor injuries and a gun was accidentally discharged, (1) respondent was charged with third-degree domestic violence, (2) she self-reported the charge and was placed on interim suspension, (3) she entered into a monitoring contract with Lawyers Helping Lawyers (LHL), (4) she successfully completed an […]
Attorneys – Bar Applicant – Truthfulness & Candor – Past Misdeeds
Despite his passage of the bar exam, because of misrepresentations on his law school application and on social media, a bar applicant’s admission to practice law is delayed for one year. The anonymous applicant’s petition for admission to practice law is granted but delayed. Facts On his law school application, the anonymous applicant (applicant) failed […]
Attorneys – Discipline – Reprimand – Assault
Respondent engaged in an argument with his wife, which escalated to the point that it was reasonable for his wife to fear imminent harm. Respondent was charged with felony first-degree domestic violence but entered a plea of no contest to third-degree simple assault. Respondent violated Rule 8.4(b) (prohibiting criminal acts that reflect adversely on fitness […]
Attorneys – Discipline – Reprimand & Fine – Campaign Finance Law Violations
After having provided certain political candidates the maximum political campaign contributions allowed, respondent personally funded another $184,000 in contributions through 14 limited liability companies, thereby violating S.C. Code Ann. § 8-13-1314, Rule 8.4(a), RPC (prohibiting misconduct) and 8.4(d) (prohibiting conduct involving dishonesty, fraud, deceit, or misrepresentation). We accept t[...]
Attorneys – Discipline – Definite Suspension – Alcohol Abuse – Assault
The respondent-attorney, who had been drinking, physically assaulted his girlfriend and was charged with third-degree assault and battery. He self-reported the charge, attended a 45-day inpatient treatment program, continued with outpatient treatment, attends Alcoholics Anonymous meetings, and has had his criminal charge nolle prossed and his arrest records destroyed. Respondent’s conduct violat[...]
Attorneys – Constitutional – Advertising – Disciplinary Proceeding – Abstention
Even though there are no pending state court proceedings in which the plaintiff-law firm is a party—the South Carolina Rules of Professional Conduct apply only to attorneys licensed in the state—the firm’s claims that the Rules regulating lawyer advertising are unconstitutional are entirely derivative of the plaintiff-attorney’s claims. Plaintiffs’ claims are unavoidably intertwined and [...]
Attorneys – Reciprocal Discipline – North Carolina Disbarment – Misappropriation of Funds – Tax Crimes
Even though respondent sought a “substantially different discipline in this state,” given his consent to disbarment in North Carolina and his admitted misappropriation of client funds and criminal tax-related misconduct, we find disbarment is the appropriate sanction to impose as reciprocal discipline. In re Lindler (Lawyers Weekly No. 010-010-22, 2 pp.) (Per curiam) John Nichols […]
Attorneys – Legal Malpractice – Derivative Action – First Impression – HOA
No authority in South Carolina addresses whether people can derivatively sue attorneys for malpractice. However, there are no defects in how the plaintiff-condo owners pled their derivative legal malpractice claims on behalf of their homeowners’ association. Dismissing this case at the pleading stage would require us to rely exclusively on public policy. Since neither the […]
Attorneys – Discipline – Disbarment – Federal Convictions
In addition to mishandling a child support case, a foreclosure, and a real estate closing, and in addition to failing to communicate with the Office of Disciplinary Counsel, respondent was convicted on federal charges arising out of her conveyance of personal client information to two other individuals who used that information to make and pass […]
Attorneys – Discipline – Disbarment – Drug Offenses
Given the respondent-attorney’s federal convictions for conspiracy and possession with intent to distribute five kilograms or more of cocaine, his failures to respond, and his failures to appear (not to mention his recent arrest for trafficking marijuana), the court accepts the recommendation of the Commission on Lawyer Conduct and disbars respondent. In re Holmes (Lawyers […]
Attorneys – Discipline – Definite Suspension – Multiple Complaints
Complaints filed against the respondent-attorney between 2014 and 2020 showed that he violated several Rules of Professional Conduct by (1) failing to either pursue a client’s criminal appeal or ensure that the South Carolina Commission on Indigent Defense had taken over the case; (2) failing to protect a chiropractor’s claim against a client’s settlement or […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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