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MATTER OF TREXLER9/22/1997
Palmer for this and other misconduct. In In re Gary Michael Wood, 278 S.C. 431, 298 S.E.2d 89 (1982), the Court indefinitely suspended an attorney who had failed to file a verified claim in a
An eighteen month suspension was imposed in In re M.M. Weinberg, III, 317 S.C. 300, 454 S.E.2d 316 (1995). The attorney's misconduct occurred in the course of a number of matters in which he failed to bring a lawsuit or failed to serve a requested notice of appeal. He misrepresented to clients that he had instituted an action or appeal on their behalf or settled the case when he had not. In In re Alan Joel Davis, 276 S.C. 532, 280 S.E.2d 644 (1981), the attorney represented to at least five different clients that he had brought actions on their behalf when, in fact, he had never filed suit. These misrepresentations caused extensive delays, up to four years. In two other instances, he failed to act, causing a delay in one case of 8 1/2 years. Three justices on the Court voted to publicly reprimand Davis.
These cases obviously illustrate the wide range of sanctions the Court has imposed for conduct of this nature. Although Attorney's misconduct is very serious, it appears less reprehensible than those forming the basis of the sanctions in Palmer, Wood, Weinberg, and Davis. To his credit, Attorney did out of his own pocket offer to Harvey $10,000.00, an amount which she found acceptable; additionally, he settled the counterclaim at no cost to her.
In relation to the Thomason matter, In re Anonymous Member of the S.C. Bar, 315 S.C. 141, 432 S.E.2d 467 (1993) is relevant. In that case, we dismissed the action where the attorney undertook to represent clients with adverse interests, but where the conflict of interest issues were explained to one client, and the other client dismissed the attorney before the attorney had an opportunity to advise him of the conflict.
In the present case, there could have existed a conflict of interest between Attorney's two clients, given that both had dogs in the attack. The proper course would have been for Attorney to have secured the clients' consent before jointly
In sum, we conclude that an appropriate sanction in this case is a public reprimand. Although we are very concerned by Attorney's actions, we take into account the factors of his complete admission, his inexperience, and the lack of prejudice to his clients. Attorney fully admitted the charges against him. Moreover, these incidents occurred at the very start of Attorney's career when he immediately began, out of law school, a solo private practice. Additionally, we observe that the clients in these matters were not harmed by Attorney's misconduct.
Accordingly, Terry A. Trexler is hereby publicly reprimanded.
PUBLIC REPRIMAND.
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