Wednesday, April 9, 2014

South Of The Border

The South Carolina Supreme Court has disbarred a Florida attorney (never admitted in South Carolina) for soliciting South Carolina business over the Internet and representing clients:

We find respondent's misconduct particularly egregious. Although not admitted to practice law in South Carolina, respondent nevertheless engaged in the practice of law in this state. He represented clients in South Carolina. He or his firm provided advice to clients and prepared and filed pleadings, some of which were frivolous, on behalf of his clients. Although he prepared and filed motions, respondent neglected to attend the motion hearings. Moreover, respondent charged and collected unreasonable fees from clients for the minimal work he did perform and then continued to collect fees from clients even after his representation ceased. When disciplinary charges were filed against him, respondent ignored the matter by failing to respond, participate in the investigative process, or appear for the hearing.

The sanction

 If respondent were admitted to practice law in South Carolina, his conduct would warrant disbarment. Since he is not admitted in South Carolina, we find it appropriate to permanently debar him from seeking any form of admission to practice law in this state (including pro hac vice admission) without first obtaining an order from this Court allowing him to seek admission. We further order respondent to fully reimburse all fees and costs paid by the clients in this matter and to pay the costs incurred in the investigation and prosecution of this matter by ODC and the Commission within thirty (30) days of the date of this opinion. Should he wish to seek admission in the future, the burden of proof shall be on respondent to establish by clear and convincing evidence that he is of sufficient character and fitness. Under no circumstances shall respondent be eligible to seek admission until he has fully reimbursed his clients for all fees and costs paid in this matter and paid the costs of this proceeding.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2014/04/the-south-carolina-supreme-court-has-disbarred-a-florida-attorney-never-admitted-in-south-carolina-for-solicitation-of-busi.html

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Comments

It appears that I will never be able to complete my definitive article on Sex With Clients.

Posted by: rick underwood | Apr 9, 2014 8:28:18 AM

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