An Immoral Message

The South Carolina Supreme Court imposed a six-month suspension with credit for time served on an interim suspension that flowed from a conviction

On February 27, 2019, Respondent entered a plea of no contest to the charge of unlawful communication in violation of S.C. Code Ann. § 16-17-430(A)(1) (2015). The facts of the plea indicated that, on December 13, 2017, Respondent willfully and unlawfully conveyed “an immoral message while in a telephonic communication with an individual.” Specifically, while meeting with one of her criminal clients who was in custody related to a narcotics trafficking case, Respondent instructed the client’s girlfriend to remove United States currency and paperwork from the bathroom of the client’s home and take the currency and paperwork to an associate of the client. Respondent was sentenced to one day in jail with credit for one day served.

The Post and Courier reported on her interim suspension

Her legal practice was placed under receivership and she was barred from making withdrawals from any of her bank accounts, according to the order. The court-appointed receiver was also given authority to receive Gay’s mail.

Gay’s alleged misconduct stemmed from her representation of Dwayne Walker, a 39-year-old North Charleston resident who was arrested in December by SLED on one count each of cocaine trafficking and possessing marijuana with intent to distribute, according to an affidavit.

The attorney called Walker’s girlfriend while she was meeting with her client and told the girlfriend to move cash and paperwork from Walker’s residence, the affidavit said. Gay also told the girlfriend to take the money to one of Walker’s associates, it said.

SLED agents who were with Walker’s girlfriend overheard the conversation, the affidavit said. Gay admitted to making the call and admitted to agents that she knew her instructions amounted to illegal activity.

Her obstruction case is pending in court.

There are conditions set for reinstatement. (Mike Frisch)