In re Gibbs

562 S.E.2d 639, 349 S.C. 261, 2002 S.C. LEXIS 66
CourtSupreme Court of South Carolina
DecidedApril 22, 2002
DocketNo. 25452
StatusPublished
Cited by2 cases

This text of 562 S.E.2d 639 (In re Gibbs) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Gibbs, 562 S.E.2d 639, 349 S.C. 261, 2002 S.C. LEXIS 66 (S.C. 2002).

Opinion

PER CURIAM.

In this attorney disciplinary matter, a full panel of the Commission on Lawyer Conduct (“Commission”) recommended M. Eugene Gibbs (“Respondent”) be disbarred. We agree and disbar Respondent.

Factual/Procedural Background

Formal charges were filed against Respondent four times between February 22, 1999, and February 6, 2001. Three hearings were held to address the various charges. In response to the first three sets of formal charges, the sub-panel recommended indefinite suspension. However, after a hearing on the fourth set of charges, the sub-panel recommended disbarment and the full panel adopted that recommendation.

[264]*264In response to the disciplinary action pending against him, Respondent filed an Emergency Petition for Writ challenging the findings of the Commission below and requesting that this Court find him unable to defend himself in these proceedings, and take action to stop an alleged criminal conspiracy.

First Formal Charges

Formal charges were first brought against Respondent on February 22,1999.

Patricia A. McDaniel Matter:

On August 1, 1997, Respondent requested a transcript from Patricia A. McDaniel, a circuit court reporter. On December 5,1997, Ms. McDaniel forwarded the transcript to Respondent with a statement for her services in the amount of $482.45.

Respondent did not pay Ms. McDaniel despite several notices and phone calls from her. After complaining to Court Administration, her complaint was sent to the Commission. On April 16, 1998, the Commission sent Respondent a letter requesting a response to the complaint within fifteen days. Respondent did not reply even after the Commission sent a second letter on May 20, 1998, requesting a response and reminding Respondent that failure to respond could in and of itself constitute grounds for discipline.

On July 7, 1998, Respondent sent a check for the full amount to the Commission, not to Ms. McDaniel, with a letter asking the Commission to pay her if it determined she deserved payment. Notice of Full Investigation was sent to Respondent on July 24, 1998. The Commission returned the check to Respondent in November 1998, stating that Respondent would have to decide whether Ms. McDaniel’s invoice should be paid and reminding Respondent he still had not properly responded to the Commission’s inquiry.

Respondent did not respond and, on February 22, 1999, a Notice of Formal Charges was sent to Respondent. Respondent’s answer was not received by the Commission until past the deadline on April 1, 1999. In that answer, Respondent stated he believed his contract with Ms. McDaniel was terminated when she did not deliver the transcript within thirty days. He stated he would pay Ms. McDaniel if the Commis[265]*265sion determined the transcript had been delivered pursuant to the Rules of Court.

A hearing on this matter was conducted before the sub-panel of the Commission on December 23, 1999.1 Respondent did not appear at the hearing. Based on the evidence before it, the sub-panel found Respondent committed attorney misconduct, violating Rule 1.1 (competence) and 8.4 (misconduct) by ordering a transcript, receiving it, and failing to pay for it without just cause or excuse.

Second Formal Charges

Before the conclusion of the Patricia McDaniel Matter, on July 6,1999, notice of a second set of formal charges was sent to Respondent.

Mary McLeod Matter:

These charges arose out of Respondent’s representation of Mary McLeod in what began as a routine eviction proceeding against her. Ms. McLeod lived in a mobile home situated on land in Florence County owned by Sollie and Mary Floyd. Ms. McLeod had a month to month lease with the Floyds requiring her to pay them $150.00 per month. On May 5, 1997, Honda of South Carolina Manufacturing, Inc. purchased the land, and on May 30, 1997, Honda served Ms. McLeod with notice to vacate within thirty days under the terms of her lease. They offered to pay the relocation cost of Ms. McLeod’s mobile home and her first month’s rent in the new location, but Ms. McLeod did not vacate.

(1) Solicitation of Legal Business

The Commission charged that Respondent improperly solicited legal business from Ms. McLeod by personally telephoning her, and requesting to be her attorney in opposition to any effort to have her evicted.

[266]*266(2) Improper Financial Assistance to Client

The Commission charged that Respondent paid, or caused a member of his staff to pay, rent payments directly to Ms. Floyd, and/or to others on her behalf.

(3) Frivolous Motion to Dismiss Eviction Action

The County brought an Application for Ejectment against Ms. McLeod. In response, the Commission charged that Respondent filed a frivolous Motion to Dismiss. The Commission alleged that Respondent incorrectly claimed (1) that Ms. McLeod did not receive notice of the termination of her lease and (2) that her lease could not be terminated absent a violation of the lease.

(4) Incompetent Representation

The Commission charged that Respondent acted incompetently numerous times during his representation. First, the Commission claimed he acted incompetently by filing a Notice of Appeal and Petition for Bond with the Court of Appeals when applications for Bonds should be filed in the lower court. Respondent’s mistake resulted in failure to timely file for an Appeal Bond and prevented his client’s case from being successfully appealed.

The Commission further charged that Respondent acted incompetently by raising the applicability of certain state and federal statutes for the first time in an Amended Motion for Stay and Bond with the circuit court.

(5) Frivolous Claims in State Suit

Respondent brought suit against Honda, the Town of Timmonsville, Mayor Peoples, and Florence County (by amendment). The Commission charged Respondent’s claim for punitive damages against the County for emotional distress was frivolous because the South Carolina Tort Claims Act does not permit claims of intentional infliction of emotional distress.

Eventually, Respondent moved for voluntary dismissal, asserting that the matter was being litigated in federal court. Judge Kittredge dismissed the suit with prejudice. The Commission alleged Respondent acted incompetently by failing to [267]*267notify Ms. McLeod he was moving for voluntary dismissal and subsequently filing a frivolous Motion for Reconsideration, alleging that Judge Kittredge had conspired with the defendants to deprive Ms. McLeod of her rights and claiming error in the eviction proceeding. Judge Kittredge denied the Motion, noting it (1) rambled and was difficult to follow, (2) claimed error in an entirely different action than the one before him, and (3) was utterly frivolous.

(6) Frivolous Claims and Incompetence in Federal Suit

Respondent filed a suit in federal court against Honda, Florence County, Mayor Peoples, the Floyds, the Department of Housing and Urban Development (“HUD”), and the Secretary of the South Carolina Chamber of Commerce.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gibbs v. United States
865 F. Supp. 2d 1127 (M.D. Florida, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
562 S.E.2d 639, 349 S.C. 261, 2002 S.C. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gibbs-sc-2002.