Crimes And Misdemeanors
The South Carolina Supreme Court imposed a one-year suspension for both criminal and client-related misconduct
On July 15, 2021, ODC initiated an investigation after receiving information from the Thirteenth Judicial Circuit Solicitor’s Office regarding several driving under the influence charges that were pending against Respondent. Specifically, on August 28, 2020, Respondent was arrested and charged with one misdemeanor count of Driving Under the Influence (DUI) under section 56-5-2930(A) of the South Carolina Code. On June 9, 2023, Respondent pled guilty to Driving with an Unlawful Alcohol Concentration, First Offense, and was sentenced to a fine and completion of an alcohol and drug safety program.
On June 5, 2021, Respondent was arrested and charged with one misdemeanor count of second-degree criminal domestic violence under section 16-25-20(C) of the South Carolina Code. A bond order was filed on June 8, 2021, specifying the conditions of Respondent’s release, which included a prohibition from Respondent contacting the victim directly or indirectly. On June 20, 2021, Respondent had direct contact with the victim in violation of the bond order. The criminal charge was nevertheless reduced to third-degree assault and battery, to which Respondent pled guilty on March 21, 2023. Respondent was sentenced to time served.
On June 13, 2021, Respondent was arrested and charged with another misdemeanor count of DUI under section 56-5-2930(A) of the South Carolina Code and one misdemeanor count of Child Endangerment under section 56-5-2947 of the South Carolina Code. Respondent’s driver’s license was suspended on June 13, 2021; however, Respondent continued to drive. These charges were dismissed in July 2023 based on prosecutorial discretion, and an Ignition Interlock Device was installed in Respondent’s vehicle.
On August 20, 2021, Respondent was charged with one misdemeanor count of Driving Under Suspension under section 56-1-460(A)(1)(a) of the South Carolina Code. Two days later, he was arrested and charged with another misdemeanor count of DUI under section 56-5-2930(A) of the South Carolina Code. This DUI was reduced to Driving with an Unlawful Alcohol Concentration, and Respondent pled guilty to that offense on April 21, 2023. He was sentenced to thirty days in jail, suspended upon the payment of a fine. Respondent paid the fine and satisfied all the requirements of his sentence.
Respondent admits his criminal acts reflect adversely on his fitness as a lawyer and bring the legal profession in to disrepute.
There were also instances of client-related misconduct
In the course of investigating the above facts, ODC became aware of additional misconduct regarding Respondent’s failure to appear in court on behalf of one client and his failure to deposit fees paid to him by another client into his law firm’s trust account.
Practice while suspended
Throughout these interactions from November 27, 2021, to December 10, 2021, Respondent failed to disclose to Client B, the officer who issued the ticket, the Greenville Municipal Court staff, the municipal judge, or the NCDMV that he had been placed on interim suspension. Rather, Respondent continued working on Client B’s behalf to resolve the ticket issue, despite being suspended from the practice of law.
Sanction
We accept the Agreement and suspend Respondent from the practice of law in this state for one year from today’s date. Within thirty days, Respondent shall pay the costs incurred in the investigation and prosecution of this matter by ODC and the Commission on Lawyer Conduct. As conditions of discipline, Respondent shall (1) attend the Legal Ethics and Practice Program Ethics School within one year; and (2) meet with Lawyers Helping Lawyers within sixty days for the purpose of undergoing an alcohol and drug abuse assessment to determine whether any additional monitoring, services, or treatments are needed. Respondent shall promptly comply with any recommendations made by Lawyers Helping Lawyers, and Lawyers Helping Lawyers shall immediately notify this Court if Respondent fails to cooperate or comply.
(Mike Frisch)