In re Hanna

657 S.E.2d 766, 376 S.C. 511, 2008 S.C. LEXIS 36
CourtSupreme Court of South Carolina
DecidedFebruary 11, 2008
DocketNo. 26437
StatusPublished
Cited by2 cases

This text of 657 S.E.2d 766 (In re Hanna) 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 Hanna, 657 S.E.2d 766, 376 S.C. 511, 2008 S.C. LEXIS 36 (S.C. 2008).

Opinion

PER CURIAM.

In this attorney disciplinary matter, respondent and the Office of Disciplinary Counsel (ODC) have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413, SCACR. In the agreement, respondent admits misconduct and consents to any sanction in Rule 7(b), RLDE, Rule 413, SCACR. Respondent requests that, if the Court imposes a period of suspension or disbarment, that the suspension or disbarment be made retroactive to the date of his interim suspension, January 18, 2007. In the Matter of Hanna, 371 S.C. 510, 640 S.E.2d 871 (2007). In addition, respondent agrees to pay the costs incurred by ODC and the Commission on Lawyer Conduct in investigating this matter. We accept the agreement and disbar respondent from the practice of law in this state, retroactive to the date of his interim suspension. The facts, as set forth in the agreement, are as follows.

FACTS

Respondent admits the material portions of the factual allegations set out in the Formal Charges. The Formal Charges charge respondent with nine instances of misconduct.

[513]*513 Matter I

Complainant A was the heir of the late Mr. and Mrs. Doe. Respondent had prepared a will for Mr. Doe. Mr. Doe passed away. Respondent prepared a will for Mrs. Doe. Mrs. Doe passed away shortly after Mr. Doe and before his estate was closed. The will prepared for Mrs. Doe included a devise of real property to respondent.

Prior to her death, respondent purchased a truck from Mrs. Doe that had belonged to Mr. Doe. Respondent entered into this business transaction with his client without complying with the consultation and consent requirements of the Rules of Professional Conduct. Respondent did not timely respond to the initial inquiry and several requests for additional information from ODC regarding this matter.

Matter II

Complainant B paid respondent $2,500.00 to assist him in a custody dispute. Respondent did not hold the retainer in trust until it was earned. There were delays and continuances in the matter. Respondent did not adequately communicate with Complainant B regarding the scheduling of the hearing. Respondent did not respond to the initial inquiry or the Treacy1 letter from ODC.

Matter III

In 1999, certain real property was deeded to Complainants Mr. and Mrs. Jones in a closing conducted by a contract attorney for a closing services company called Magnolia Title. In 2008, Mr. and Mrs. Jones attempted to sell the property. At that time, they learned that the property description in the 1999 deed was incorrect. By that time, the grantor had died.

Respondent was a contract attorney for Magnolia Title.2 He also served as legal counsel for Magnolia Title. Respondent prepared a corrective deed and contacted the heir to the grantor. The heir indicated she was not willing to sign a corrective deed until she spoke with Mr. and Mrs. Jones. She [514]*514requested respondent arrange a meeting. She did not hear anything further from respondent.

A corrective deed was filed. The signature of the grantor’s heir was forged and falsely witnessed and notarized. Respondent recorded the deed.

When the forgery was discovered by Mr. and Mrs. Jones, respondent sent a proposed agreement in which they would agree to “use all efforts possible to correct a title problem” for the property, that “there was a clerical error in the past deed,” and that they would “use their best efforts in assisting Magnolia Title Agency Incorporated in any and all methods necessary to complete this action ... including ... assisting in any court action.” Mr. and Mrs. Jones did not sign this agreement. Respondent did not disclose the conflict of interest created by his representation of his clients’ interests and the interests of Magnolia Title either prior to or subsequent to sending the proposed agreement.

Mr. and Mrs. Jones specifically instructed respondent not to sue the grantor’s heir on their behalf. Respondent filed a quiet title action against the grantor’s heir naming Magnolia Title and Mr. and Mrs. Jones as plaintiffs.

Respondent did not timely respond to ODC’s written inquires in this matter.

Matter IV

In July 2004, Complainant C paid respondent $1,750.00 to represent her in a custody matter involving her grandchildren. ODC investigated the allegations of neglect, incompetence, and lack of adequate communication and concluded there was not clear and convincing evidence to support Complainant C’s allegations. Respondent failed to submit a timely response to the initial inquiry from ODC.

Matter V

Complainant D was represented by respondent’s partner in a civil ease. Complainant D obtained a favorable judgment, but the defendant was in bankruptcy. Respondent agreed to assist with collection of the judgment since he handled bankruptcy cases for the firm.

[515]*515Subsequently, respondent left the partnership and took the file with him. He collected a number of payments from the bankruptcy trustee and passed them on to Complainant D. Respondent did not withhold any fees or costs from those payments.

In May 2005, respondent received a check for $5,000.00 from the proceeds of the sale of the defendant’s real property. Respondent placed this money in his trust account. He told Complainant D that he needed to review the bankruptcy payments and check with his former firm about the fee arrangements and costs incurred in the civil case. By August 2005, Complainant D had not heard anything from respondent so she contacted his former firm.

After receiving notice of this grievance, respondent contacted his former firm to attempt to get the matter resolved. When their communications broke down, respondent’s attorney advised him to hold the funds in his trust account. On August 27, 2006, respondent sent Complainant D a trust account check for the full $5,000.00.

ODC requested copies of respondent’s bank statements to verify that the funds had remained in trust until disbursed. Respondent did not comply with this request.

Matter VI

Respondent established a business relationship with Magnolia Title, a closing services company owned by a non-lawyer. The relationship included respondent’s representation of Magnoha Title’s clients in real estate closings and the representation of Magnolia Title in claims and litigation arising from closings. Respondent was one of the several contract attorneys who conducted closings for Magnolia Title.

The common practice for non-lawyer staff of Magnolia Title included the preparation of title abstracts and closing documents for respondent’s review. The closing attorney (respondent or another lawyer) would then conduct the closing and return the documents and money to Magnolia Title. Disbursements of settlement proceeds were made at the closings prior to the deposit of funds. The non-lawyer staff would then conduct post-closing activities such as recording the documents and obtaining title insurance.

[516]*516Respondent allowed Magnolia Title to open an IOLTA account on which he shared signatory authority with a non-lawyer paralegal employed by Magnolia Title.

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Cite This Page — Counsel Stack

Bluebook (online)
657 S.E.2d 766, 376 S.C. 511, 2008 S.C. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hanna-sc-2008.