Monday, December 6, 2010

Incident In Yellowstone County Leads To South Carolina Disbarment

The South Carolina Supreme Court has disbarred an attorney for criminal conduct that took place in Montana:

On or about May 5, 2005, respondent was charged by information with two (2) counts of Assault with a Weapon (Felony) and one (1) count each of Partner or Family Member Assault (Misdemeanor), Intimidation (Felony), and Tampering with Witnesses and Informants (Felony).  The information was issued in Yellowstone County, Montana.  On August 26, 2005, the Court placed respondent on interim suspension...                     

On or about October 24, 2007, respondent was convicted of two counts of Assault with a Weapon (Felony), one count of Partner or Family Member Assault (Misdemeanor), one count of Intimidation (Felony), and one count of Tampering with Witnesses and Informants (Felony).  On or about March 25, 2008, respondent was sentenced to twenty years imprisonment on the first count of Assault with a Weapon (Felony), twenty years imprisonment to run consecutively on the second count of Assault with a Weapon (Felony), one year imprisonment to run consecutively on the count of Partner or Family Member Assault (Misdemeanor), ten years imprisonment to run consecutively on the count of Intimidation (Felony), and ten years imprisonment to run consecutively on the count of Tampering with Witnesses and Informants (Felony).  The Montana Supreme Court affirmed the convictions on or about June 30, 2009.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2010/12/the-south-carolina-supreme-court-has-disbarred-an-attorney-for-criminal-conduct-that-took-place-in-montana.html

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Comments

Ok, but what did the lawyer actually do? We are left to presume that whatever it was must have been pretty heinous. But what exactly did he do?

I don’t think that this is solely a voyeuristic question. This is yet another discipline by consent. And the lawyer admits that his conduct violates the Rules of Professional Conduct. However, in my opinion, the court should at least discuss the facts of the case so as to make clear that the conduct did in fact violate the RPC. Otherwise, we are left with the impression that the lawyer was disbarred solely for being convicted of a crime.

Stephen

Posted by: FixedWing | Dec 6, 2010 11:46:49 AM

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