Wednesday, February 9, 2011

Two Matters

The South Carolina Supreme Court has imposed a definite suspension of nine months two matters , one involving an instance of personal misconduct and another that involved billing violations.

The court described the two matters:

Matter I

On or about January 10, 2010, respondent failed to tell her current medical practitioner that she was obtaining a controlled substance of like therapeutic use from another physician.  As a result of this omission, respondent was prescribed a Schedule III controlled substance that would not otherwise have been prescribed.

On February 18, 2010, respondent was arrested and charged with Unlawful Prescription Drugs, Blank Prescription – 1st Offense under South Carolina Code Ann. § 44-53-395 (2002).   After respondent successfully completed the Pre-Trial Intervention Program, the solicitor entered a nolle prosquei of the charge.     

Matter II

While employed by a law firm, respondent represented Nationwide Insurance Company policyholders.  Between October 2009 and December 2009, she submitted timesheets in one client's case for attendance at twenty (20) roster meetings in Richland County.  It was later discovered that the client's case had been removed from the roster in late 2008 pursuant to Rule 40(j), SCRCP.  It was further discovered that the billing for the roster meetings and related entries were fabricated as respondent had not attended any roster meetings in the case.  As a result of the fabricated entries, Nationwide Insurance Company was overbilled in the approximate amount of $10,566.00.  Respondent's law firm fully repaid Nationwide Insurance Company for the overbilling.  The law firm represents it is not due any restitution from respondent. 

The suspension was imposed as of the date of an interim suspension that had been previously ordered. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/02/the-south-carolina-supreme-court-has-imposed-a-definite-suspension-of-nine-monthstwo-matters-one-involving-an-instance-of-p.html

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