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Nov 30, 2020

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. […]

Oct 14, 2020

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, […]

Oct 14, 2020

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 […]

Aug 26, 2020

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 […]

Aug 18, 2020

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 […]

Jul 24, 2020

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 […]

Jul 1, 2020

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[...]

Jul 1, 2020

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 […]

Jun 10, 2020

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 […]

Jun 3, 2020

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 […]

Jun 3, 2020

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 […]

Apr 16, 2020

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 […]

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