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IN THE MATTER OF SMITH12/16/1991
ey held in escrow but respondent has failed to return the money to Mr. Gould or to provide an adequate accounting for it.
Smith Matter
Respondent was retained by Mr. Smith to represent him and his wife in purchasing real property and was paid approximately $1269. Respondent met with Mr. Smith and the sellers and drafted a deed to accomplish the transfer of property but the sellers refused to execute the deed. Respondent discussed litigation with Mr. Smith concerning the transaction and drafted a Complaint and a document entitled "Summons for Relief, Complaint Served," which he showed to Mr. Smith. The documents were never served or filed and respondent never obtained an executed deed for the purchase of the property.
Bank Accounts Matter
Respondent maintained three accounts with United Carolina Bank and, during the time the accounts were open, approximately 100 checks were presented at a time when there were insufficient funds in the respective accounts to cover them.
Respondent maintained one account with Palmetto Bank and during a seven month period approximately twenty checks were presented for payment when the account had insufficient
Respondent maintained three accounts with Branch Banking & Trust Company of South Carolina and, during the time the accounts were open, approximately sixty-eight checks were presented for payment when the respective accounts had insufficient funds to pay them.
Respondent has failed to preserve the identity of funds and property of a client; misappropriated a client's funds for his personal and/or business use; failed to maintain complete records of all funds, securities, and other properties of a client coming into his possession and to render appropriate accounts to his client's regarding them; failed to promptly pay or deliver to the client the funds, securities, or other properties in his possession which the client has requested and is entitled to receive; and has engaged in conduct tending to pollute the administration of justice, to bring the court and legal profession into disrepute, and which demonstrates his unfitness to practice law.
Respondent is disbarred from the practice of law. Within ten days of the date of this opinion he shall surrender his license to practice law to the Clerk of this Court. Further, within fifteen days of the date of this opinion, he shall file an affidavit with the Clerk showing he has fully complied with the provisions of Paragraph 30 of the Rule on Disciplinary Procedure, Rule 413, SCACR.
Disbarred.
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