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IN THE MATTER OF WATSON9/18/1995
November 11, 1994, but prior to the Board notifying respondent on November 21, 1994, respondent was notified of the existence of the client's grievance by her personal attorney in Atlanta. On November 17, 1994, respondent wrote the client, sending her $4,000.20, which represented the $3,643.63 withheld for medical bills, plus the $356.37 "balance" owed to the client. However, prior to that disbursement, the funds in respondent's trust account fell significantly below the amount owed to the client, and at one point respondent even had a negative balance in the account.
On November 21, 1994, the Board, having received the client's complaint, notified respondent, and requested a reply within ten days. Respondent did not reply. On December 15, 1994, the Board again wrote respondent, reminding him that failure to cooperate was in and of itself a violation of the Rules of Professional Conduct, and requesting a reply. On December
The foregoing conduct constitutes misconduct in violation of Paragraph 5 of the Rule on Disciplinary Procedure and Rule 8.4 (a) of the Rules of Professional Conduct, Rule 407, SCACR. More specifically, respondent has violated Rule 1.3 of the Rules of Professional Conduct, which requires reasonable diligence and promptness in the representation of clients. Respondent has also violated Rule 1.4 by failing to adequately communicate with his client. By not having a written contingent fee agreement, respondent violated Rule 1.5. Respondent's failure to safeguard the proceeds of the settlement and his failure to promptly deliver to the client the proceeds of the settlement constitute violations of Rule 1.15. Finally, respondent violated Rule 8.1 by failing to cooperate with the Board in its investigation of this matter.
It is therefore ordered that respondent shall be suspended from the practice of law in this State for three (3) months. Respondent shall file an affidavit with the Clerk of Court, within fifteen (15) days of the date of this opinion, showing that he has complied with Paragraph 30 of Rule 413, SCACR.
Definite suspension.
Finney, C.J., not participating.
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