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IN THE MATTER OF SMITH12/16/1991
Submitted October 15, 1991.
Decided December 16, 1991.
In this attorney grievance matter, respondent has conditionally admitted the allegations against him and consents to disbarment. We accept the admission and disbar respondent from the practice of law.
Adair Matter
Respondent was contracted by Mr. Adair concerning an arrearage in Mr. Adair's mortgage payments on his home and a delinquent notice received from the United States Department of Housing and Urban Development (HUD), caused by his former wife's failure to make the mortgage payments. Mr. Adair borrowed $6,000 from his mother and the money was deposited into respondent's personal or general bank account but was not applied to the mortgage delinquency.
Some years later, Mr. Adair discovered a Notice of Foreclosure concerning his residence in the local newspaper which indicated the property would be sold at public auction. Mr. Adair's current wife contacted respondent regarding the notice and he remitted a check written on his trust account for $4,643.19 to the attorney handling the foreclosure for HUD.
After learning that respondent's account did not contain sufficient funds to cover the check, the HUD attorney contacted respondent and required a wire transfer of funds. Respondent paid off Mr. Adair's mortgage that same day by a wire transfer of funds to the HUD attorney.
Cody Matter
Ms. Cody retained respondent to represent her concerning personal injuries she sustained while a hospital patient. Respondent filed a summons and complaint and approximately one year later, settled the matter for $32,500 and deposited the settlement check into his escrow account. The following day, respondent was issued a $25,000 check from his trust account for "Attorney's fee/Ruby M. Cody v. The Greenville Hospital System." Respondent has disbursed approximately $7162.69 to Ms. Cody in checks drawn on his trust account and, on at least two occasions, on his personal account. Respondent has failed to provide a complete accounting of the funds concerning the settlement of Ms. Cody's claims.
Vaughn Matter
Respondent was retained by Ms. Vaughn to represent her and her two minor children in
Later, respondent was advised by Ms. Vaughn that one of the minor children had reached the age of majority and the child desired the monies which respondent was allegedly holding in trust. Respondent wrote a check to the child for $6,344.67 on an escrow account. The check was returned for insufficient funds.
Respondents ultimately paid Ms. Vaughn the money to cover the returned check but has not provided a total and complete accounting for the money allegedly held in trust.
Passmore Matters
Respondent was retained to represent Mark E. Passmore in connection with Mr. Passmore's sale of a percentage interest in a business to Derek Wormull. Mr. Wormull provided respondent
Mr. Wormull notified Mr. Passmore in writing, with a copy to respondent, that his visa had been denied. Mr. Wormull requested that respondent return his money but respondent has failed to do so or to provide an adequate accounting for the money.
Respondent also represented Mr. Passmore in connection with Mr. Passmore's sale of three motor vehicles to Peter Gould. In connection with the sale, Mr. Gould wired respondent $17,000 as the purchase price for the three cars, to be held in escrow for distribution in accordance with the sale agreement. Mr. Gould received only two of the three cars and a balance of $4,500 remained after shipment of the two cars.
Since that time, Mr. Gould has requested return of the mon
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