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IN THE MATTER OF FLOYD3/18/1996
BR>
Respondent represented Waters (later named Scarboro) in a
The settlement amount was $28,950.18. After receiving the money, Respondent deducted $8,333.33 as his fee and informed Scarboro the rest of the money would remain in his escrow account until a related worker's compensation subrogation lien could be resolved.
A year later Waters consulted another attorney on an unrelated matter. She assured this attorney she could pay his fee because her settlement proceeds were still in respondent's escrow account. Her attorney attempted unsuccessfully to contact respondent. He later discovered respondent's trust account had a negative balance.
CONCLUSION
From the above facts it is clear respondent has committed acts of serious misconduct. He has appropriated clients' funds to his own use, failed to deliver promptly to a client or third party funds that he or she was entitled to receive, and failed to render promptly a full accounting regarding property of the client or third person. Rule 1.15, Rule 407, SCACR. He has failed to provide competent representation to a client and to act with reasonable diligence and promptness in representing a client. Rule 1.3, Rule 407, SCACR. He has failed to keep clients reasonably informed about the status of a matter and to comply promptly with reasonable requests for information. Rule 1.4(a), Rule 407, SCACR. He has engaged in conduct involving dishonesty, fraud, deceit, and misrepresentation, all prejudicial to the administration of justice. Rule 8.4, Rule 407, SCACR. Finally, he has engaged in conduct tending to pollute the administration of justice and bring the legal profession into disrepute. His conduct demonstrates his unfitness to practice law and lack of professional competence. Rule 1.1, Rule 407, SCACR; Rule 413 ยง 5(E), SCACR.
Respondent has offered evidence that during the time these acts occurred he was suffering from mental depression. While we have allowed evidence of depression to mitigate misconduct, see In the Matter of Weinberg, 317 S.C. 300,
Accordingly, we disbar respondent from the practice of law. This disbarment shall be retroactive to June 13, 1994, the date on which respondent was temporarily suspended. Within fifteen days of the date of this opinion, respondent shall file an affidavit with the Clerk of Court showing he has complied with Paragraph 30 of Rule 413, SCACR.
Disbarred.
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