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In re Murdaugh8/7/2000
Submitted July 11, 2000
DISBARRED
In this attorney discipline matter, respondent and disciplinary counsel have entered into an agreement under Rule 21 of the Rules of Lawyer Disciplinary Enforcement (RLDE) contained in Rule 413, SCACR. In the agreement, respondent admits misconduct and consents to be disbarred from the practice of law. We accept the agreement and disbar respondent. The facts in the agreement are as follows.
Client Matters
Respondent represented a client in a personal injury matter. Respondent failed to inform this client that the case had settled and she failed to pay to this client settlement monies that respondent's firm received as a result of the settlement.
This client's name was forged on the settlement check. Although respondent does not admit that she forged the check, she acknowledged that she was responsible for the safe handling of client checks and other monies to her firm. Respondent admits that she misappropriated the funds from the settlement check. She further admits that she falsely told this client that the case had not settled when the settlement check had already been negotiated by her. Respondent continued to provide misleading legal advice to this client about her settlement following her interim suspension from the practice of law.
Respondent further committed misconduct by asking this client to sign a release that stated that the client had received her records, when they had not been delivered to the client.
Another client retained respondent to represent him in a personal injury matter in 1998. This client discovered in August 1999 that the case was settled in September 1998 without his knowledge. However, the client never received any settlement funds from the case. Respondent acknowledges that she misappropriated the settlement monies.
Respondent was retained by another client in October 1994 to represent her in a personal injury matter related to a Florida automobile accident. Respondent assured this client that the action had been filed, that the case was "going well," and that the client would receive a good settlement. However, respondent never took any action on behalf of this client, and allowed the statute of limitations on the case to run.
Medical Provider Matter
Respondent failed to inform a medical provider, who was owed money from respondent and the medical provider's mutual clients/patients, that cases had been settled. When the medical provider called respondent, respondent supplied misleading information to the medical provider about these cases.
Respondent delayed for an unreasonable period of time in making payments that were due to the medical provider in at least two cases.
Other Matters
Respondent's escrow account statements show numerous negative balances during the eighteen months preceding her interim suspension. Many checks from the account are made payable to respondent without any reference on the checks to a file or to fees. Further, respondent has made numerous cash withdrawals from the escrow account. Respondent is unable to document the purposed of many of the checks made payable to her. She admits that she has not maintained the integrity of her trust account.
Respondent has failed to take care of client files and has not returned some of the client files to her clients or to the attorney appointed to protect the clients' interests.
Conclusion
Respondent has violated numerous provisions of the Rules of Professional Conduct, Rule 407, SCACR. She failed to represent a client completely, and she failed to act with reason
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