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In re Allen10/24/2005
Submitted September 12, 2005
PUBLIC REPRIMAND
The Office of Disciplinary Counsel (ODC) and respondent have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413, SCACR, in which respondent admits misconduct and agrees to issuance of a letter of caution, an admonition, or a public reprimand and to the imposition of other requirements. We accept the agreement. The facts, as set forth in the agreement, are as follows.
FACTS
Matter I
On or about August 24, 2000, respondent received a Covenant Not to Execute and a settlement check from opposing counsel to settle a portion of a claim for damages arising out of the death of respondent's client's son. The probate judge approved the settlement at a hearing on August 24, 2000. Thereafter, on September 12, 2000, the probate court judge signed a written order approving the settlement and the client's agreement to sign a Covenant Not to Execute. The client timely executed the Covenant Not to Execute, however, the original document was misplaced and was not received by opposing counsel.
Respondent delayed in responding to opposing counsel's requests that the executed Covenant Not to Execute be returned to him. Opposing counsel filed a Motion to Compel respondent to either provide the executed covenant or return the settlement check. Respondent did not appear at the February 26, 2001 Motion to Compel hearing before the circuit court. Respondent states he has no recollection of receiving notice of this hearing.
On February 27, 2001, the circuit court judge issued an order commanding respondent to deliver to opposing counsel the executed Covenant Not to Execute within ten days. The order also commanded respondent to pay opposing counsel $500.00 in attorney's fees within thirty days. Respondent neither appealed the order nor filed a motion for reconsideration. Respondent did not comply with the order to deliver the signed Covenant Not to Execute or to pay opposing counsel's attorney's fees.
On March 19, 2001, opposing counsel filed a Rule to Show Cause why respondent had failed to comply with the February 27, 2001 order. Respondent failed to appear at the March 30, 2001 Rule to Show Cause hearing. The circuit court judge found no valid reason why respondent had not delivered the executed covenant to opposing counsel and directed the Clerk of Court to execute the covenant. Respondent subsequently paid the court-ordered attorney's fees.
Respondent failed to timely respond to ODC's inquiries in this matter.
Matter II
A client alleged respondent failed to competently and diligently represent him. He further alleged respondent failed to adequately communicate with him about his pending legal matter.
Full investigation by ODC revealed no evidence to support the client's allegations. However, respondent failed to timely respond to ODC's inquiries in this matter.
Matter III
Respondent represented Mr. Doe in a number of legal matters. In 1999, Mrs. Doe consulted respondent about a potential personal injury claim arising from a dog bite. Mrs. Doe alleged respondent accepted her case and a $100.00 check for costs.
Respondent denied accepting Mrs. Doe's case. The disciplinary investigation revealed no evidence indicating respondent accepted Mrs. Doe's case. Respondent represents the $100.00 check, which was from Mr. Doe, was for a legal matter for Mr. Doe and unrelated to the dog bite matter.
Respondent admits his records were insufficient to determine for which of Mr. Doe's cases the check was written. Respondent also admits he
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