Thursday, September 19, 2024

Gambling Away Law License

The South Carolina Supreme Court has disbarred an attorney for mishandling entrusted funds.

He had acknowleged misconduct and consented to a three-year suspension backdated to an interim suspension

Attached to the Agreement is an affidavit in mitigation in which Respondent explains that he has struggled with disordered gambling since 1999. Respondent stated that his gambling addiction escalated between 2014 and 2016, resulting in him taking out a number of mortgages and other personal loans and eventually declaring bankruptcy in 2016. As a result, Respondent sought counseling in Charlotte and Columbia, attended Gamblers Anonymous meetings, and "quit gambling for the most part" for approximately two years. Respondent explained that after he opened his own practice, the pressure of managing his personal and business finances triggered a gambling relapse. Respondent initially engaged in a cycle of converting funds from one client to repay another, and he was able to leverage his assets and borrow additional sums from friends and family members to replace all but $126,000 belonging to five clients. When it became evident he could no longer continue to borrow to cover these debts, Respondent self-reported his misconduct and was placed on interim suspension.

Laudable effort

Although these mitigating circumstances do not, in any way, excuse Respondent's serious misconduct, we commend Respondent for the extensive efforts he has undertaken to address and rehabilitate his gambling addiction.

But

"This Court has never regarded financial misconduct lightly, particularly when such misconduct concerns expenditure of client funds or other improper use of trust funds." In re Wern, 431 S.C. 643, 649, 849 S.E.2d 898, 901 (2020) (citation and quotations omitted). In light of Respondent's admitted pattern of misconduct, we find disbarment is appropriate.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2024/09/robbing-peter-paying-paul.html

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