Better Late Than Never

The South Carolina Supreme Court ordered a three-year defininite suspension of an attorney for client-related misconduct exacerbated by persistent failures to cooperate.

The court took an unusual step 

This matter was initially scheduled for oral argument before this Court on September 6, 2017; however, the Court became concerned about Respondent’s mental health. We therefore continued the hearing and appointed Lance S. Boozer as guardian ad litem to represent Respondent’s interests.

The hearing was reconvened on March 5, 2018. At the outset of the hearing, the guardian ad litem explained to the Court that since being appointed, he had made fourteen separate attempts to contact Respondent via multiple methods of communication; however, Respondent never answered or responded to any of these attempts. Nevertheless, Respondent unexpectedly appeared at the hearing mere seconds before it began; therefore, the guardian ad litem requested, and we permitted, a brief recess for Respondent and the guardian ad litem to confer. Thereafter, the Members of the Court questioned Respondent extensively. During this colloquy, Respondent indicated that he continued to hold stable employment, supported himself, and took medication to assist him in his daily life. After this careful examination, we concluded Respondent was competent to participate in the proceeding.

In addressing the Court, Respondent acknowledged his persistent failure to respond to disciplinary counsel, the guardian ad litem, and this Court, as well as his failure to participate or cooperate in the disciplinary process. Although acknowledging these failures, Respondent contended they were not willful, attributing them to his numerous documented mental health issues.

Sanction

Although we are sympathetic to Respondent’s substantial, well-documented mental health issues, “we must weigh this sympathy against our duty to protect the public from lawyers who may lack the present ability to adequately represent their clients in the courts of this State.” In re Longtin, 393 S.C. 368, 380, 713 S.E.2d 297, 303 (2011). Therefore, in light of the seriousness and extent of Respondent’s misconduct, we find the appropriate sanction is definite suspension for a period of three years from the date of this opinion.

A panel had recommended disbarment. (Mike Frisch)