South Carolina Enjoins Disbarred Lawyer

An attorney who was disbarred by the Washington State Supreme Court, the United States Court of Appeals for the Ninth Circuit and the United States Supreme Court had future unauthorized practice enjoined by the South Carolina Supreme Court.

Respondent is currently the sole proprietor of Chartmans, Inc. According to the company’s website, Chartmans “serves as a legal consultant to federal workers, contractors, foreign states, statesmen and companies doing business abroad. In today’s world, legal representation is essential. Whether it is in U.S. administrative hearings, before international tribunals, foreign courts, or in mediations and arbitrations abroad, CHARTMANS ensures its clients continue to grow through compassionate problem-solving, pragmatic negotiations and unwavering litigation.” The website further states, “If you are a federal contractor or employed by a federal agency, department or entity in the United States or overseas and are dealing with an employment dispute, you need adequate legal representation. Any problem you may run into in dealing with employment
discrimination, work-place disputes or business problems in the States or overseas, Chartmans is prepared to provide comprehensive and compassionate representation.” Respondent’s biographical information on the website states, “Mr. Marshall is a conciliator, broker and litigator” and indicates he has “considerable experience as an American lawyer, cleric and foreign legal and business consultant.” Chartmans’ letterhead indicates the company specializes in “Longshore and Federal Worker Claims.”

Pursuant to the regulation in effect at the time of Respondent’s actions, 29 C.F.R. §18.34(g)(2) (2011), any citizen who is not an attorney was permitted to appear in a representative capacity in an adjudicative proceeding before the Department of Labor’s Office of Administrative Law Judges (OALJ). Claims under the Longshoremen’s and Harbor Workers’ Compensation Act (Longshoremen’s Act) are decided by the OALJ. After his disbarment, Respondent represented numerous clients in Longshoremen’s Act claims before the OALJ.

He was disqualified from appearing in a representative capacity before the OALJ.

On November 2, 2011, United States Department of Labor Administrative Law Judge Jennifer Gee disqualified Respondent from appearing before the OALJ in a case arising under the Longshoremen’s Act because he was an attorney as defined by 29 C.F.R. § 18.34(g)(1) and, therefore, could not appear as a non-attorney as defined by 29 C.F.R. § 18.34(g)(2).

The order was affirmed by the Fourth Circuit.

Here

Because whether Respondent’s representation of Longshoremen’s Act clients before the OALJ prior to the orders prohibiting him from appearing before the OALJ constituted UPL is a question for federal determination, we express no opinion as to the propriety of that representation. However, we hold any representation of clients by Respondent in actions before the OALJ after he was prohibited from appearing before the OALJ constitutes UPL and enjoin Respondent from any further representation of clients before the OALJ.

(Mike Frisch)