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Attorneys – Tort/Negligence – Legal Malpractice – Insurance – Disgorgement of Fees Claim
Where the plaintiff-insurer hired the defendant-law firm to represent plaintiff’s insured in the underlying action, and where the law firm’s failure to respond to requests to admit allegedly caused the insurer to settle the underlying action for $900,000 of its million-dollar policy limit, plaintiff may bring a direct legal malpractice action against the law firm. […]
Attorneys – Discipline – Disbarment – Diligence & Communication
The respondent-attorney admits that she either failed to file or did not pursue lawsuits on behalf of several clients and that she misled those clients about the status of their cases for extended periods of time. Respondent violated Rules 1.1, 1.3, 1.4, 1.5(b), 1.5(c), 1.5(e), 1.8(e), 1.16(d), 3.2, 3.4, 4.1, 8.4(d), 8.4(e), and 8.4(f), RPC, […]
Attorneys – Discipline – ODC Delay – First Impression – Trust Account Violations
Where the respondent-attorney suffered no prejudice as a result of a lengthy delay between the authorization of the filing of charges and the Office of Disciplinary Counsel’s actual filing of charges, the respondent’s longstanding pattern of misusing his trust account warrants disbarment. Respondent is disbarred. Admissions Respondent admitted that, prior to 2012, he failed to […]
Attorneys – Disqualification – Trial Advocacy – Real Property – Rushed Closing – Ensuing Litigation
In the wake of a real estate closing that was rushed to preempt a foreclosure, attorney Charles Altman represented the plaintiff-buyer in multiple ensuing matters related to that closing. In this legal malpractice action against the closing attorney, Altman is a necessary fact witness, so the circuit court did not err in disqualifying him from […]
Attorneys – Discipline – Criminal Charge – Prior History
In this attorney disciplinary matter, the parties had entered an agreement for discipline by consent, under which respondent admitted to misconduct and consented to the imposition of any sanction set forth in Rule 7(b). Pursuant to the parties’ agreement, we disbar respondent from the practice of law in the state of South Carolina, retroactive to […]
Attorneys – Discipline – Definite Suspension – Reciprocal Suspension – Attorney Information System
Notice to an inactive member of the South Carolina Bar was sufficient when it was sent to the address he provided in the Attorney Information System. Where respondent was suspended from the practice of law in North Carolina for 30 days, and where he did not respond to the Clerk of Court’s notice informing him […]
Attorneys – Discipline – Disbarment – Misappropriation of Funds
When respondent misappropriated many thousands of dollars of funds entrusted to him by clients—leading to his conviction for breach of trust with fraudulent intent, value $10,000 or more—he violated Rules 1.15(a) (holding client property or property of third persons separate from the attorney’s own property and keeping financial records related to the property); 1.15(d) (requiring, [&hel[...]
Attorneys – Discipline – Disbarment – Application for Admission – False & Incomplete Answers
On her February 2018 application for admission to the South Carolina Bar, respondent knowingly provided false and/or misleading information in that she failed to disclose (1) her past applications to practice law in North Carolina; (2) that she withdrew a past application to practice law in Wyoming because the Character and Fitness Board was planning […]
Attorneys – Discipline – Definite Suspension – Communication & Diligence
The respondent-attorney failed to deal with matters diligently, failed to adequately communicate with clients, and failed to timely respond to notices of investigations from the Office of Disciplinary Counsel. Respondent admits that by his conduct he violated Rules 1.1 (competence); 1.3 (diligence); 1.4 (communication); and 8.1(b) (knowingly failing to respond to a lawful demand for […]
Attorneys – Discipline – Admonishment – Multi-State Firm – S.C. Trust Funds
By failing to restrict access to her multi-state firm’s South Carolina trust accounts, directly supervise individuals who had access to the accounts, and ensure not only that monthly reconciliations were performed, but also that they revealed no problems requiring her attention, respondent violated Rule 417, SCACR. While the Commission on Lawyer Conduct recommended a public […]
Attorneys – Discipline – Admonishment – Trust Funds – Partner Responsibilities
An attorney who was a partner in a multi-state real estate firm is anonymously admonished for her failure to adequately monitor the firm’s South Carolina trust funds. While the Commission on Lawyer Conduct recommended a public reprimand be issued in an anonymous opinion, we note that the sanction of a public reprimand requires publicly identifying […]
Attorneys – Discipline – Reciprocal Suspension – Assault
After respondent drank excessively and physically assaulted the complainant in New York, he was convicted of third-degree reckless assault and was temporarily suspended from the practice of law in New York. We find reciprocal suspension from the practice of law in South Carolina for four months is appropriate in this matter. We order the reciprocal […]
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
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