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In re Rast

12/6/1999

urt stated in Matter of Moore, 329 S.C. 294, 494 S.E.2d 804 (1997):


The appropriate sanction for neglect of several client matters generally is a public reprimand provided the clients are not greatly prejudiced. Matter of Alexander, 301 S.C. 212, 391 S.E.2d 254 (1990); Matter of Gates, 295 S.C. 516, 369 S.E.2d 841 (1988). However, when the client is prejudiced and the attorney refused to cooperate with the Board's investigation, the sanction imposed has been as great as a one year suspension. See Matter of Acker, 308 S.C. 338, 417 S.E.2d 862 (1992) (six month suspension); Matter of Palmer, 298 S.C. 324, 380 S.E.2d 813 (1989) (one year suspension); Matter of Ballard, 312 S.C. 227, 439 S.E.2d 846 (1994) (one year suspension).


In the current case, Attorney's failure to comply with a statute of limitations may have prejudiced his client. We find that in the matter of the late court order, no clear prejudice to his client resulted. Furthermore, we find it significant that there is no allegation that Attorney's bank records reflect any injury to a client.


Although the recommendations of the Commission are persuasive, the ultimate authority to discipline attorneys and the manner of discipline rests with this Court. In re Dobson, 310 S.C. 422, 427 S.E.2d 166 (1993). We are required after a thorough review of the record to administer the sanction we deem appropriate. In re Kirven, 267 S.C. 669, 230 S.E.2d 899 (1976). In light of the foregoing and Attorney's career as a public servant in the finest tradition of the law, we find that the appropriate sanction is a public reprimand.




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