April 7, 2009
An Anonymous Phone Call
The South Carolina Supreme Court imposed a reprimand and other requirements in a bar discipline matter initiated by an anonymous phone call. the attorney and the Office of Disciplinary Counsel ("ODC") entered into a stipulation by which the attorney admitted non-compliance with recordkeeping and use of a trust account. The attorney made "counter" deposits and withdrew funds without proper documentation. He had taken corrective measures to ensure future compliance with the rules.
ODC had sought a harsher sanction. ODC also argued that the attorney had violated Rule 3.1 by arguing that it had engaged in racial profiling in its prosecution of the case. The court: "While we agree with the Panel that [the] claim is meritless, we decline to find a violation of Rule 3.1" (Mike Frisch)
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Is it common for State Bars to accept anonymous complaints? One would think that practice would have a host of problems attached...
Posted by: Chalicechick | Apr 7, 2009 7:24:02 AM