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In re Yarborough6/7/1999
Shearouse Adv. Sh. No. 20 S.E. 2d
Heard February 3, 1999
PUBLIC REPRIMAND
In this attorney disciplinary proceeding, respondent, Ernest E. Yarborough, is charged with committing misconduct arising out of hi,s alleged improper conduct toward a client. We find respondent committed misconduct and impose a public reprimand.
FACTS
Client testified on or about June 24, 1996, respondent was retained to represent her as Personal Representative of her brother's estate in a legal malpractice action against Attorney I, who had been retained to handle a wrongful death action on her behalf.
At that time, client was an unmarried, 24 year old college student. Respondent provided client with his business card which also listed his home and car telephone numbers.
On Saturday, June 29, 1996, a day after the retainer was paid, respondent traveled to Spartanburg and met client and her mother at their house. Respondent, client, and her mother then all rode in client's mother's car to interview witnesses in the wrongful death case. Because they were unable to locate one witness, respondent decided to stay overnight. While still riding in the car, respondent inquired about a local church and when he discovered it was the church client attended he commented he would attend church with her the following day. Client's mother did not attend this particular church.
Client testified respondent asked client to go with him to the mall so he could purchase a suit. While the suit was being altered, respondent asked client to watch a movie with him. After the movie, respondent inquired about the location of a hotel. Client showed him to a Day's Inn. Respondent asked client to come to his room and talk. They conversed about the case for approximately 30 minutes. Upon leaving, respondent asked client to give him a hug. Client complied with the request. She testified it was an innocent hug and nothing inappropriate happened. The next day, respondent attended church with client.
Client testified the next weekend, July 6, 1996, respondent called and advised her he was returning to Spartanburg to interview another witness. Respondent told client he was staying at a certain hotel and asked client to bring him some razors. Client testified when she arrived at the hotel with the razors that afternoon, respondent began kissing and hugging her. When she told respondent to stop, he complied, but he made some derogatory comments to client, including inquiring if she was a lesbian or if she had been molested as a child. Respondent paid client the money for the razors and she left the hotel. Because she was upset, client testified she went to the home of her aunt and related the incident to her. Client denied making any romantic advances toward respondent.
Client testified she did not immediately fire respondent because she had no money to hire other counsel and she had a summary judgment motion pending. However, she did advise respondent she was going to file a grievance against him. Client testified respondent continued telephoning her. According to client during these telephone calls, respondent asked her to meet him in various towns, requested client act passionately toward him, asked her to have his baby, and asked her to marry him. During the calls, respondent also made explicit comments regarding the effect client had on him physically. The telephone records of respondent's home telephone number reflected many calls were made to client in the evening, outside of normal business hours. Further, client's telephone records reflected a number of telephone calls from her to respondent at night. However, client testified many o
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