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In re Perrow8/27/2001
nds to pay the client the remaining balance of the disbursement approved by the Commission as well as the excess fee.
V. Probate Matter
Respondent undertook, on a contingency fee basis, representation of four beneficiaries in a contested probate matter. Subsequently, one of the clients was appointed personal representative of the estate. The client then engaged respondent to represent him in his official capacity as personal representative. Respondent undertook the representation despite the fact that he had previously represented the other beneficiaries and without following procedures set forth in Rule 407, SCACR, for dealing with such conflicts of interest.
In addition, respondent was given custody of certain funds of the estate, but failed to maintain accurate records concerning the funds and failed to comply with the recordkeeping and accounting requirements set forth in Rule 417, SCACR. As a result of errors in recordkeeping, a negative balance developed in the estate funds. A subsequent disbursement made by respondent was therefore taken from funds belonging to other clients. Following inquiries from the Office of Disciplinary Counsel, respondent used personal funds to reimburse the estate as well the personal representative for monies owed.
VI. Secretarial Matter
Respondent acknowledges that reports that his misconduct was related to errors or shortcomings on the part of his secretarial staff were incorrect and he accepts full and sole responsibility for the circumstances leading to his suspension.
Law
Respondent admits that by his actions he has violated the following provisions of the Rules of Professional Conduct, Rule 407, SCACR:
Rule 1.3 (diligent representation); Rule 1.4(a) (communication with clients); Rule 1.5 (fees); Rule 1.7 (conflict of interest); Rule 1.15 (safekeeping of client funds); Rule 3.3 (candor toward tribunal); Rule 8.4(a) (violation of the Rules of Professional Conduct); Rule 8.4(d) (conduct involving dishonesty, fraud, deceit or misrepresentation); and Rule 8.4(e) (conduct prejudicial to the administration of justice). Respondent also violated Rule 7 of the Rules for Lawyer Disciplinary Enforcement, Rule 413, SCACR, by violating the Rules of Professional Conduct, engaging in conduct tending to pollute the administration of justice or to bring the courts or the legal profession into disrepute, violating the oath of office, and willfully violating a valid court order. Finally, respondent failed to comply with the recordkeeping requirements of Rule 417, SCACR.
Conclusion
Although respondent has reconciled his escrow account and has reimbursed all clients or transferred sufficient funds to the attorney to protect clients' interests appointed in this matter so that he may reimburse clients, we find the facts set forth in the agreement warrant an indefinite suspension from the practice of law, retroactive to August 2, 2000, the date of respondent's interim suspension. Within fifteen days of the date of this opinion, respondent shall file an affidavit with the Clerk of Court showing that he has complied with Rule 30 of Rule 413, SCACR.
INDEFINITE SUSPENSION.
TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.
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