Suspension Discovered On Facebook
An attorney who engaged in misconduct in several matters that included misappropriation was disbarred by the South Carolina Supreme Court.
The court described the circumstances that led to the discovery of the misconduct
On January 3, 2014, respondent wrote a check on a law firm petty cash account for $3,000 payable to Client B in an attempt to replace some of the misappropriated funds. At the time he wrote the check, the law firm petty cash account did not have sufficient funds to cover the check. Notice of the overdraft on the petty cash account alerted respondent’s law partner (Partner) to the misappropriation of funds from the Doe Estate. Partner made arrangements to cover the check on the petty cash account, removed respondent as a signatory on the firm accounts, terminated the partnership, and reported respondent’s conduct to the Commission on Lawyer Conduct (the Commission). In addition to the $3,000 paid from the petty cash account on January 3, 2014, respondent paid a total of $10,895.10 to or on behalf of the Doe Estate from petty cash and from personal funds.
In another matter
On January 27, 2014, respondent was placed on interim suspension. In the Matter of Moody, Id. Although he was suspended, respondent continued to communicate with Client D regarding the scheduling of mediation and other matters related to the civil action. During this communication, respondent did not advise Client D of his interim suspension or the Rule 40(j) dismissal of the case.
On February 5, 2014, Client D sent a text message to respondent inquiring about the opposing party’s Facebook posting stating respondent had been suspended. Respondent responded with a text message that he was “not sure” where the opposing party got that information and that he would call Client D the following morning.
On February 6, 2014, respondent called Client D and informed him of his suspension. Respondent still did not tell Client D about the Rule 40(j) dismissal. Client D discovered the dismissal when he retrieved his file from Partner who had been appointed to protect the interests of respondent’s clients.
The sanction is effective as of the date of the interim suspension. (Mike Frisch)