In re Jones-Burgess

753 S.E.2d 532, 406 S.C. 642, 2014 WL 130489, 2014 S.C. LEXIS 18
CourtSupreme Court of South Carolina
DecidedJanuary 15, 2014
DocketAppellate Case No. 2013-002353; No. 27349
StatusPublished

This text of 753 S.E.2d 532 (In re Jones-Burgess) 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 Jones-Burgess, 753 S.E.2d 532, 406 S.C. 642, 2014 WL 130489, 2014 S.C. LEXIS 18 (S.C. 2014).

Opinion

PER CURIAM.

In this attorney disciplinary matter, the Office of Disciplinary Counsel and respondent have entered into an Agreement for Discipline by Consent (Agreement) pursuant to Rule 21 of the Rules for Lawyer Disciplinary Enforcement (RLDE) contained in Rule 413 of the South Carolina Appellate Court Rules (SCACR). In the Agreement, respondent admits misconduct and consents to the imposition of a public reprimand or definite suspension not to exceed twelve (12) months, and she requests any suspension be made retroactive to July 26, 2012, the date of her interim suspension. In the Matter of Jones-Burgess, 399 S.C. 1, 731 S.E.2d 592 (2012). In addition, [644]*644respondent agrees to pay the costs incurred in the investigation and prosecution of this matter by ODC and the Commission on Lawyer Conduct (the Commission) within thirty (30) days of the imposition of discipline. She further agrees to pay restitution prior to seeking reinstatement or returning to the active practice of law. We accept the Agreement and suspend respondent from the practice of law in this state for twelve (12) months, retroactive to the date of her interim suspension, and impose the conditions as specified hereafter in this opinion. The facts, as set forth in the Agreement, are as follows.

Facts

Matter I

In March 2009, respondent was retained to represent Client A in a domestic matter and was paid $1,900.00 of the agreed $3,000.00 representation fee. Respondent failed to keep Client A reasonably informed about the status of Client A’s case and failed to diligently represent Client A. Client A terminated respondent’s service prior to the filing of the action. Respondent failed to refund Client A’s fees and expenses that were not yet earned or incurred.

On October 11, 2010, respondent was mailed a Notice of Investigation requesting a response to the complaint within fifteen (15) days. When no response was received, respondent was served with a letter pursuant to In the Matter of Treacy, 277 S.C. 514, 290 S.E.2d 240 (1982), again requesting respondent’s response. Respondent’s written response was received by ODC on December 22, 2010, fifty-seven (57) days after the original due date.

Matter II

Respondent was retained to represent Client B in a social security disability matter. Respondent failed to keep Client B reasonably informed about the status of Client B’s case. Respondent also failed to act diligently and failed to file a disability appeal claim pursuant to Client B’s request. Client B terminated respondent’s service and hired new counsel to complete her case. Client B did not pay respondent advance fees or costs.

[645]*645On December 7, 2010, respondent was mailed a Notice of Investigation requesting a response to the complaint within fifteen (15) days. When no response was received, respondent was served with a letter pursuant to In the Matter of Treacy, id,., again requesting respondent’s response. Respondent failed to file a written response to the Notice of Investigation despite the Treacy letter. Respondent did appear and give testimony under oath concerning the complaint on March 31, 2011.

Matter III

In January of 2009, respondent was retained to represent Client C in an adoption action. Respondent was paid in full for her representation. Respondent failed to adequately communicate with Client C and failed to act diligently and failed to timely finalize the adoption.

Matter IV

In July of 2007, respondent was retained to represent Client D in a domestic action. Respondent was paid $3,200.00 for the representation.

Respondent failed to adequately communicate with or return Client D’s telephone calls. Respondent also failed to diligently pursue Client D’s domestic action.

When respondent became ill, the Family Court enlisted the help of the Horry County Bar to take over respondent’s active cases. A substitute attorney was appointed on Client D’s case and the case has now been resolved.

On August 17, 2011, respondent was mailed a Notice of Investigation requesting a response to the complaint within fifteen (15) days. When no response was received, respondent was served with a letter pursuant to In the Matter of Treacy, id., on September 6, 2011, again requesting respondent’s response. Respondent’s written response was received by ODC on September 21, 2011, twenty (20) days after the original due date.

Matter V

As outlined in Matter IV, respondent was retained to represent a client in a domestic action. The client paid respondent [646]*646$1,000.00 for Guardian ad Litem fees. Respondent failed to pay the Guardian the collected fees, failed to keep the collected fees in her trust account, and failed to safeguard the fees belonging to the client and/or Guardian ad Litem.

On September 11, 2012, respondent was mailed a Notice of Investigation requesting a response to the complaint within fifteen (15) days. When no response was received, respondent was served with a letter pursuant to In the Matter of Treacy, id., again requesting respondent’s response. Respondent failed to respond to the Notice of Investigation despite the Treacy letter.

Matter VI

In January of 2011, respondent was retained to represent Client E in a domestic action. Respondent was paid $1,200.00 for the representation. Respondent failed to adequately communicate with Client E and failed to diligently pursuant Client E’s domestic action.

Respondent closed her law office but failed to timely notify Client E of a new address or contact number. She also failed to return Client E’s file. When respondent became ill, the Family Court enlisted the help of the Horry County Bar to assist with respondent’s active cases. A substitute attorney was appointed on Client E’s case and the case has now been resolved.

Matter VII

Respondent was retained to represent Client F in a disability action. Respondent failed to keep Client F reasonably informed about the status of the client’s case. Respondent also failed to diligently pursue Client F’s disability action. Respondent closed her law office but failed to timely notify Client F of a new address or contact number. Client F terminated respondent’s service and hired new counsel to complete his case. Client F did not pay respondent any advance fees or costs.

On February 28, 2012, respondent was mailed a Notice of Investigation requesting a response to the complaint within fifteen (15) days. At respondent’s request, a thirty (30) day extension was granted and respondent was notified her re[647]*647sponse would be due on or before March 29, 2012. When no response was received, respondent was served -with a letter pursuant to In the Matter of Treacy, id,., again requesting respondent’s response. Respondent failed to respond to the Notice of Investigation despite the Treacy letter.

Matter VIII

On May 29, 2008, respondent was retained to represent Client G in a domestic action. Respondent was paid $1,650.00 for the representation.

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

Related

In the Matter of Treacy
290 S.E.2d 240 (Supreme Court of South Carolina, 1982)
In Re Toney
721 S.E.2d 437 (Supreme Court of South Carolina, 2012)
In re Jones-Burgess
731 S.E.2d 592 (Supreme Court of South Carolina, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
753 S.E.2d 532, 406 S.C. 642, 2014 WL 130489, 2014 S.C. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jones-burgess-sc-2014.