Summary
imposing temporary suspension for attorney who knowingly submitted false CLE report
Summary of this case from Matter of EdwardsOpinion
22625
Heard October 7, 1986.
Decided November 17, 1986.
Atty. Gen. T. Travis Medlock and Sr. Asst. Atty. Gen. Richard B. Kale, Jr., Columbia, complainant. Edward M. Woodward and Edward M. Woodward, Jr., Columbia, for respondent.
ORDER
Petitioner has been indicted in the United States District Court for the District of South Carolina on five counts of violating 18 U.S.C. § 1343, three counts of violating 18 U.S.C. § 1344, and one count of violating 18 U.S.C. § 2. The Office of Disciplinary Counsel has filed a petition asking the Court to place respondent on interim suspension pursuant to Rule 17 (a), RLDE, Rule 413, SCACR, because he has been charged with a serious crime. The petition also seeks appointment of an attorney to protect the interests of respondent's clients pursuant to Rule 31, RLDE, Rule 413, SCACR.
IT IS ORDERED that the petition is granted and respondent is suspended from the practice of law in this State until further order of this Court.
IT IS FURTHER ORDERED that Joseph M. McCulloch, Jr., Esquire, is appointed to assume responsibility for respondent's client files, trust account(s), escrow account(s), operating account(s), and any other law office accounts respondent may maintain. Mr. McCulloch shall take action as required by Rule 31, RLDE, Rule 413, SCACR, to protect the interests of respondent's clients. Mr. McCulloch may make disbursements from respondent's trust account(s), escrow account(s), operating account(s), and any other law office accounts respondent may maintain that are necessary to effectuate this appointment.
This Order, when served on any bank or other financial institution maintaining trust, escrow and/or operating account(s) of respondent, shall serve as an injunction to prevent respondent from making withdrawals from the account(s) and shall further serve as notice to the bank or other financial institution that Joseph M. McCulloch, Jr., Esquire, has been duly appointed by this Court.
Finally, this Order, when served on any office of the United States Postal Service, shall serve as notice that Joseph M. McCulloch, Jr., Esquire, has been duly appointed by this Court and has the authority to receive respondent's mail and the authority to direct that respondent's mail be delivered to Mr. McCulloch's office.
Heard Oct. 7, 1986.
Decided Nov. 17, 1986.
This grievance proceeding charges respondent with engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation in violation of DR 1-102(A)(4). The Panel recommended the complaint be dismissed. The Executive Committee disagreed with the Panel and recommended that respondent receive a public reprimand. We find the appropriate sanction in this matter is a temporary suspension.
Respondent submitted a Compliance Report to the Commission on Continuing Lawyer Competence reporting 15.25 hours of Continuing Legal Education (CLE) credit for 1984, including 9.25 hours attended at a real estate seminar in New Orleans, Louisiana. Respondent admits that he was not registered for that seminar and that he did not attend the 9.25 hours as reported. He used a colleague's proof of registration to attend parts of the seminar and estimates his actual attendance to be between 3.75 and 5 hours. Respondent filed this false report while under investigation in another disciplinary matter that ultimately resulted in a public reprimand. In re Iseman, 287 S.C. 194, 336 S.E.2d 474 (1985) (misuse of client trust funds).
The authority to determine the appropriate sanction for attorney misconduct rests solely with this Court. In re Padgett, 290 S.C. 209, 349 S.E.2d 338 (S.C. 1986); Burns v. Clayton, 237 S.C. 316, 117 S.E.2d 300 (1960). Pursuant to Paragraph 7(A)(3) of the Rule on Disciplinary Procedure, we hereby suspend respondent from the practice of law in this state for a period of ninety days commencing on the date of filing of this decision.
Respondent must comply with the notice requirements specified in Paragraph 30 of the Rule on Disciplinary Procedure. He may seek reinstatement pursuant to Paragraphs 37 and 38 of that Rule after the ninety day suspension period has expired.
Temporary suspension.
HARWELL, J., not participating.