South Carolina Sanctions Attorney
The South Carolina Supreme Court resolved a case involving an attorney who had been suspended on an interim basis by imposing an already-served nine month suspension if he meets conditions followed by monitored probation
In late 2018, Respondent began experiencing manic episodes and was first hospitalized in May of 2019. At that time, Respondent referred all of his clients to other attorneys apart from one, with which he assisted alongside another attorney. In the following years, Respondent developed bipolar disorder, began self medicating with alcohol and marijuana, and was hospitalized five times. In November of 2020, the probate court found Respondent had a mental illness, discharged him from the psychiatric hospital, and ordered him to undergo outpatient treatment. The probate court’s order further required Respondent to take his psychiatric medications, ordered him to abstain from alcohol and drugs, and prohibited him from possessing firearms.
The following month, Respondent was arrested after an altercation at a convenience store. Among other charges, Respondent was charged with breach of peace, aggravated in nature, and pointing and presenting firearms at a person. According to Respondent, he was experiencing a manic episode during the incident.
Nearly two years later, Respondent self-reported these charges to ODC, along with a 2019 arrest for DUI, first offense, and a 2021 traffic charge. This Court subsequently placed Respondent on interim suspension. In re Sims, 438 S.C. 60, 882 S.E.2d 168 (2022).
As to the 2020 arrest, Respondent pled guilty to pointing and presenting firearms at a person and breach of peace, non-aggravated in nature. The charges were referred to the Mental Health Court (MHC). Respondent began participating in the MHC program in December 2023 and has now successfully completed the program, and the charges have been dismissed. The same month, Respondent entered into a monitoring contract with Lawyers Helping Lawyers.
Disposition
We accept the Agreement and suspend Respondent from the practice of law in this state for a period of nine months, retroactive to November 21, 2022, the date he was placed on interim suspension. Within thirty days of the date of this opinion, Respondent shall pay the costs incurred in the investigation and prosecution of this matter by ODC and the Commission on Lawyer Conduct. Upon reinstatement, should it be granted, Respondent shall enter into and comply with a three-year monitoring contract with Lawyers Helping Lawyers and ensure quarterly reports by Respondent’s treating physician are filed with the Commission on Lawyer Conduct regarding Respondent’s diagnosis, treatment compliance, and prognosis, for a period of three years.
(Mike Frisch)