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In re Williams9/27/1999
00 from the proceeds of the initial check of $369,433. However, during his representation of Liles, respondent actually made a series of advances to Liles from his general account. Respondent made these advances both prior to and after the receipt of the settlement from Empire. The checks were made payable to a variety of concerns and totaled $10,263.36.
Additional Fees
After issuing an escrow account check to himself in the amount of $275,000 on September 25, 1997, respondent wrote himself other escrow account checks in the amount of $5,000 on October 22, 1997, and $11,575 on December 3, 1997. On the same day respondent represented to the Hospital that the only money left from the settlement was $32,859.99, respondent wrote the escrow account check for $11,575. These sums represented reimbursement for both fees and advances to Liles. No accounting was ever given to Liles concerning how the reimbursements were calculated. In addition, respondent did not disclose the reimbursement checks in his reply to the inquiry of the Commission on Lawyer Conduct, or in his reply to the Notice of Full Investigation.
No combination of the above checks for fees, advances, or costs equals the amount respondent represented to be his disbursement to Liles, in his response to the Commission's initial letter, and Notice of Full Investigation, where he represented that Liles had been paid $57,600. Respondent therefore made false statements to the Commission during the course of its investigation regarding the accuracy of the funds disbursed to Liles.
Costs
In his replies to the Commission's inquiry on July 13, 1998, and the Notice of Full Investigation, respondent represented that he had recovered costs incurred in representing Liles in the amount of $3,624.03. In reply to a subpoena, respondent submitted receipts and bills in the amount of approximately $428. In his attempt to comply with a Notice to Appear, respondent was also unable to provide an accounting which would match the claimed amount. In addition, the costs set forth on the false Disbursement Sheet respondent submitted to the Hospital totaled yet another amount, $3,428.68.
Disbursement Sheet .
Respondent never gave a completed, signed Disbursement Sheet to Liles, showing all sums received on her:!behalf, all disbursements, and disbursements to her.
Conclusion
Respondent has engaged in conduct which violates the Rules of Professional Conduct, Rule 407, SCACR. He failed to provide competent representation by not using the accounting methods and procedures meeting the standards of competent practitioners. Rule 1. 1. He failed to comply with demand for payment and exceeded his scope of representation. Rule 1.2. He failed to keep his client reasonably informed about the status of the case and respond to requests by failing to make a proper accounting to his client. Rule 1.4. He failed to properly safeguard his client's property by neglecting to promptly notify his client of the settlement and by fraudulently endorsing the settlement check. Rule 1.15. He made false statements to the Commission on Lawyer Conduct. Rule 3.3. He made false statements to the hospital, and created a false Disbursement Sheet. Rule 4.1. He committed professional misconduct by violating the Rules of Professional Conduct. Rule 8.4(a). He engaged in conduct involving moral turpitude. Rule 8.4(c). He engaged in conduct involving dishonesty, fraud, deceit, and misrepresentation. Rule 8.4(d). He engaged in conduct prejudicial to the administration of Justice. Rule 8.4(e).
In addition, respondent has engaged in conduct constituting violations of Rule 7 of the Rules for Lawyer Dis
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