Free Newsletter
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 […]
Attorneys – Reciprocal Discipline – Public Reprimand
After seeking to be admitted pro hac vice without revealing a prior suspension from the practice of law, the respondent-attorney was reprimanded for violating the North Carolina Rules of Professional Conduct. Although respondent argues that a private reprimand is the appropriate sanction given his lack of “intent to defraud,” we find that a public reprimand […]
Attorneys – Discipline – Definite Suspension – Borrowing from Trust Account – Undiagnosed Medical Conditions
Over the course of eight months, the respondent-attorney took $95,981.46 from his client trust account to cover payroll and operating expenses for his law firm. He has repaid the money and taken steps to safeguard client funds going forward. At the time of the misconduct, respondent was suffering from undiagnosed ADHD, an unspecified neurocognitive disorder […]
Attorneys – Disciplinary Matter – Agreement for Discipline – Trust Accounts
Attorney’s failure to perform monthly reconciliation of trust account and lack of supervision of office manager who handled deposits to trust account constituted misconduct warranting a suspension from the practice of law. We accept the agreement between the ODC and respondent and suspend respondent from the practice of law in the state for a period […]
Attorneys – Disciplinary Matter – Lack of Competence to Handle Appeals – Failure to Comply with Court Orders
Respondent demonstrated lack of competence to handle appeals after violating appellate rules and ignoring orders of the court and clerk to cure deficiencies, which warranted discipline. We accepted the agreement between respondent and the Office of Disciplinary Counsel and impose a one-year suspension from the practice of law and costs of investigation. Respondent was involved […]
Attorneys – Disciplinary Matter – Misuse of Client Funds – Failure to Have Flat Fee Agreement in Writing
Where an attorney committed misconduct by failing to have written fee agreement and not properly accounting for funds in the firm’s trust account, we accept the agreement between respondent and the Office of Disciplinary Counsel and impose a public reprimand. Respondent was retained by a client who resided in Virginia for assistance in obtaining visitation […]
Attorneys – Discipline – Definite Suspension – Diligence & Communication
In matters involving a foreclosure, a business incorporation, and two all-legal-services retainer agreements, the respondent-attorney failed to respond to client communications or to act diligently on behalf of his clients. Respondent also failed to respond to related disciplinary inquiries and failed to cooperate with the receiver appointed to protect the interests of respondent’s clients. Resp[...]
Attorneys – Reciprocal Discipline – Public Reprimand – N.C. Rules Violations
Where respondent was reprimanded for violating the North Carolina Rules of Professional Conduct, and where respondent did not respond this court’s notice that he had 30 days to inform the court of any claim that imposition of identical discipline in South Carolina is not warranted, we find a public reprimand is the appropriate sanction to […]
Attorneys – Discipline – Public Reprimand – Real Property – Closing Documents – Domestic Relations – QDRO Preparation
In the course of a 2009 real estate closing, respondent failed to properly supervise the preparation of a HUD-1 Settlement Statement, which falsely represented that certain funds had been transferred. Respondent also took four years after the entry of a divorce decree to prepare the qualified domestic relations order required by the decree. Respondent has […]
Attorneys – Discipline – Disbarment – Trust Account Records – Failure to Cooperate
After respondent’s bank reported that a check was presented against insufficient funds in her trust account, respondent failed to fully cooperate during the investigation by the Office of Disciplinary Counsel, she admitted that she had never reconciled her trust account, and she was unable to provide complete records for the trust account. The ODC investigation […]
Attorneys – Discipline – Suspension – Drug Possession Arrest – Communication
The respondent-attorney was arrested after she was found in possession of suspected ecstasy, hydrocodone, “molly,” cocaine and marijuana. Although the charges were dismissed due to concerns regarding the legality and constitutionality of respondent’s stop and search, respondent’s failure to notify the Commission on Lawyer Conduct violated Rule of Professional Conduct 8.3(a). Respondent als[...]
Attorneys – Discipline – Disbarment – Trust Account – Transfers to Operating Account
The respondent-attorney transferred $95,921.46 from his trust account to his operating account to cover payroll and operating expenses for his law firm. Respondent has completely repaid the trust account and admits his conduct violated rules regarding financial recordkeeping and safekeeping property. We accept the agreement for discipline by consent and disbar respondent from the practice [&hellip[...]
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
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- Court cases add new twists to legal language
- It’s all business, especially the busyness
- Virginia Tech student got due process in hearing
- 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
Polls
Loading ...
SC Lawyers Weekly keeps you connected with the latest legal news, Daily Practice and Breaking
News alerts.
Sign-up for SC Lawyers Weekly Email Alerts
