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MATTER OF FOX9/2/1997
of a partner's misconduct. 7 Am.Jur.2d Attorneys at Law ยง 84 (1980). But see In Re Falanga, 583 N.Y.S.2d 472 (N.Y. App. Div. 1992) (attorney who failed to oversee or review partner's records and bookkeeping practices sanctioned for partner's conversion of client funds; even though attorney did not know of partner's actions, his neglect was a contributing factor). However, the lawyer will be subject to discipline if the misconduct occurred with the
Respondent did not actually write the checks paying the attorneys' fees. Nonetheless, both Screen and Respondent testified Respondent was included in the settlement discussions, was aware of how the settlement was being calculated for the purpose of attorneys' fees, knew the fees were being paid from the up-front money, and agreed with it. Screen testified Respondent knew what the annuity would cost at the time of settlement. While he testified he did not know the exact figures involved, Respondent admitted he could easily have ascertained them "had I sat down with a pencil and paper and divided." As explained above, the cause of the excessive fee was the incorrect valuation of the settlement combined with the decision to take the fees from the up-front payment, both actions of which Respondent was aware and approved.
Respondent was, by a court order, named co-lead counsel to represent the parties in this action. Although he did not take the time to insure his clients received the correct portion of their settlement, he contentedly accepted a generous fee for himself. That Respondent may not have intended to deceive or defraud does not change the fact professional misconduct occurred. When disciplining Screen, this Court specifically found Screen's actions were negligent as opposed to intentional. Screen, 318 S.C. at 369, 458 S.E.2d at 40. There was no finding of fraud or deceit, yet the Court still found professional misconduct. See also In re Lempesis, 293 S.C. 510, 362 S.E.2d 10 (1987) (misconduct in charging excessive fee although no finding made lawyer acted with intent to defraud or deceive).
Finally, we find the sanction imposed consistent with sanctions given in similar cases. See Screen, 318 S.C. at 367, 458 S.E.2d at 39; In the Matter of Hanna, 294 S.C. 56, 362 S.E.2d 632 (1987); In the Matter of Burgess, 275 S.C. 315, 270 S.E.2d 436 (1980). Respondent hereby stands publicly reprimanded for his conduct.
PUBLIC REPRIMAND.
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