Carolina No
It is possible to be permanently disbarred by the South Carolina Supreme Court without ever having been admitted in the Palmetto State.
Especially with this baggage
Respondent has been admitted to the practice of law in Missouri, California, Utah, and Kansas. The Missouri Supreme Court indefinitely suspended Respondent from the practice of law in Missouri in 2000 for the unauthorized practice of law. Thereafter, the court reinstated Respondent’s license to practice law; however, his Missouri license is currently inactive. In 2014, Respondent resigned from the California State Bar. On July 11, 2013, Respondent was disbarred by the District Court of Morgan County in Utah for misappropriation of client funds. Following Respondent’s appeal, the Supreme Court of Utah upheld the disbarment. In May 2017, Respondent was disbarred by the Kansas Supreme Court.
He sought pro hac admission to represent his wife in a defamation action involving her ex-husband. The claims were dismissed.
He then sought pro hac admission to litigate the wife’s entitlement to her ex-husband’s retirement benefits.
In 2011, Wife sought to modify the Final Order and Decree of Divorce by amending certain language regarding Ex-Husband’s retirement funds. In October 2012, Respondent submitted an application for pro hac vice admission to the South Carolina Supreme Court Office of Bar Admissions to represent Wife in the divorce action. Respondent failed to file his application or a motion to appear pro hac vice with the family court prior to making an appearance as required by Rule 404(c), SCACR. In August of 2013, the family court issued a final order resolving the modification.
In December 2014, approximately a year and a half after the divorce action concluded, Respondent issued a subpoena to Ex-Husband’s former employer, under the caption of the divorce action. In addition to issuing a subpoena in a dismissed case, Respondent improperly: (1) issued the subpoena without stipulation of the parties or court order upon written application, as required by Rule 25, SCRFC; (2) issued the subpoena to an out-of-state entity; (3) falsely stated in the subpoena that an action was pending in family court; (4) falsely certified in the subpoena that it was issued in compliance with Rule 45, SCRCP; and (5) failed to set forth in the subpoena the text required by Rule 45(c) and (d), SCRCP. Respondent then served a document entitled “Plaintiff’s Request for Answers to Interrogatories, Admissions and Request for Production of Documents” on Ex-Husband and his counsel, again citing the divorce action. In addition to serving a discovery request in a dismissed case, Respondent improperly: (1) issued the discovery request without stipulation of the parties or court order upon written application, as required by Rule 25, SCRFC; (2) had direct contact with Ex-Husband, whom Respondent knew to be represented by counsel; (3) falsely stated in the discovery request that an action was pending in family court; and (4) falsely stated in the discovery request that it was issued in compliance with Rules 33, 34, and 36, SCRCP, and Rules 34 and 36 of the Utah Rules of Civil Procedure. In issuing the subpoena and discovery request, Respondent’s conduct violated the South Carolina Family Court Rules, the South Carolina Rules of Civil Procedure, and Rules 3.4(d), 4.1, 4.2, 4.4(a), and 8.4(e), RPC, Rule 407, SCACR.
He failed to respond to the disciplinary charges.
Given the nature of Respondent’s misconduct, his lack of participation in the disciplinary process, and absence of any mitigating factors, we adopt the sanctions recommended by the Hearing Panel and find it appropriate to permanently debar Respondent, prohibiting him from seeking any form of admission to practice law (including pro hac vice admission) in South Carolina and prohibiting him from advertising or soliciting legal services in the state.
Title inspiration from Pet Sounds. (Mike Frisch)