 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
In re Day11/4/2002
Heard September 17, 2002
PUBLIC REPRIMAND
á This is an attorney disciplinary matter.á After a hearing, the Commission on Lawyer Conduct concluded respondent committed misconduct and recommended a public reprimand.á Neither the Office of Disciplinary Counsel nor respondent except to the recommended sanction.á
Matter I At the hearing, Attorney to Assist Disciplinary Counsel (ATA) Donald C. Coggins, Jr., testified he mailed a letter to respondent requesting respondent contact him for an appointment.á Coggins testified respondent did not respond.á Respondent testified he did not remember receiving Coggins' letter, but agreed he was responsible for mail delivered to his office.á ATA William M. Hagood, III, testified he mailed respondent two letters, the second of which asked respondent to contact him to schedule an appointment.á Hagood stated he left two messages with respondent's office; respondent did not contact him.á Ultimately, respondent complied with a deposition subpoena.á Respondent acknowledged he did not respond to Hagood in a timely manner.á
Matter II Client A testified, although respondent withheld money for tax purposes during a real estate transfer, he failed to forward the money to the Department of Revenue ( DOR).á Client A stated he informed respondent of the error and it took approximately six weeks to clear up the matter.á Client A testified, on occasion, respondent failed to timely respond to his communications.á Respondent testified his office erroneously closed Client A's file.á He explained, once he realized the DOR transaction had not been completed, he immediately contacted the DOR, forwarded the taxes, plus interest, and eventually was able to get the purchasers to sign the necessary documentation. á Respondent accepted responsibility for this matter, noting he should have corrected the matter more quickly.á
Matter III
Client B testified he hired respondent to represent him in a criminal matter.á He stated, after his conviction and sentence, he repeatedly contacted respondent for file material but respondent was not forthcoming.á Respondent testified he gave Client B his file when Client B was in court for an unrelated matter.á
Matter IV Respondent represented parties during a closing in early May 1998.á The seller intended to convey 8.2 acres of land and retain approximately one acre of contiguous property.á The buyer testified, a month or two after the closing, he discovered he had purchased the one acre parcel and immediately went to respondent's office to discuss the situation.á Respondent stated he would take care of the problem.á The buyer testified he telephoned respondent approximately twenty times; respondent returned only two calls.á The buyer was notified in late May 1999 that the corrected deed had been filed in April 1999. ááááááááá A mortgage broker testified he obtained the loan and mortgage for the buyer.á He explained how the closing documents erroneously described the sale of the one acre rather than the eight acres.á The broker testified that once the error with the property was discovered, respondent contacted him to correct the situation.á By this time, the loan and mortgage had been sold to another lender and the new lender had difficulty locating the documents.á The broker testified he and respondent "worked constantly" in an attempt to get the new lender to locate the documents as quickly as possible.á
Respondent testified, at the closing, the parties reviewed the survey and deed.á No one noticed any error.á Once the buyer contacted him about the error, respondent stated he ordered a new survey of the eight acres.á He testified it took quite a long time for the le
Page 1 2 3 South Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|