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In re Perrow8/27/2001
Submitted July 10, 2001
INDEFINITE SUSPENSION
In this attorney disciplinary matter, respondent and Disciplinary Counsel have entered into an agreement pursuant to Rule 21, RLDE, Rule 413, SCACR. In the agreement, respondent admits misconduct and consents to a definite suspension of no more than two years or an indefinite suspension. We accept the agreement and find an indefinite suspension, retroactive to the date respondent was placed on interim suspension, is appropriate under the circumstances.
Facts
The facts as stated in the agreement are as follows.
I. Estate Matter
Respondent was named personal representative of an estate. As personal representative, he had signatory authority on the estate's checking account. Respondent computed his statutory commission for serving as personal representative to be $5,000 and issued a check payable to himself in that amount dated January 31, 2000. However, when he entered the check in the estate's check register, he indicated it was written to a beneficiary of the estate in the amount of $500.
As personal representative, respondent also undertook to be the unofficial guardian of the aforementioned beneficiary. Rather than make a lump sum disbursement to the beneficiary for a bequest made to him by the deceased, respondent regularly wrote checks to the beneficiary on the estate's account. On or about June 16, 2000, respondent withdrew $4,113.79 from the estate's bank account, the remaining balance in the account, and retained the funds for his personal use. Respondent maintained the funds were to pay the statutory commission he was due as personal representative of the estate and that he had forgotten he had previously paid himself that commission. Following inquiries from the Office of Disciplinary Counsel, respondent reimbursed the estate the sum of $4,113.79 and corrected the entries on the estate's check register.
Respondent also issued a check on the estate's account to himself in the amount of $1,303 for legal services he provided to the estate. Respondent acknowledges that, in retrospect, it was improper for him, in his capacity as personal representative, to engage himself to do legal work for the estate for fees over and above the statutory commission he was due for serving as personal representative. Finally, Disciplinary Counsel contends, and respondent agrees, that when respondent undertook to provide legal services to the estate, it became incumbent upon him to maintain the funds of the estate in accordance with the requirements of Rule 417, SCACR, which respondent acknowledges he failed to do.
II. Personal Injury /Child Support Matter
Respondent represented a client in a personal injury matter and a child support matter. The written fee agreement in the personal injury matter provided for a one-third contingency fee. When the personal injury matter was settled for $5,500, respondent deposited the settlement check into his general operating account, out of which respondent issued a check to the client for $2,000 and a check to himself for $3,500. Respondent maintains the excess of $1,666.67 over and above the one-third fee set forth in the fee agreement was additional fees due him for representation of the client in the child support matter. Respondent has no correspondence, bills, records, time sheets, or other documentation to support the additional fee; however his files indicate he represented the client in the child support matter. Respondent cannot provide any written documentation indicating the client was aware of or approved the additional payment, and respondent failed to prepare a disbursement sheet in connection with
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