In re Potter

744 S.E.2d 543, 404 S.C. 49, 2013 WL 3200591, 2013 S.C. LEXIS 156
CourtSupreme Court of South Carolina
DecidedJune 26, 2013
DocketAppellate Case No. 2013-000962; No. 27275
StatusPublished

This text of 744 S.E.2d 543 (In re Potter) 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 Potter, 744 S.E.2d 543, 404 S.C. 49, 2013 WL 3200591, 2013 S.C. LEXIS 156 (S.C. 2013).

Opinion

PER CURIAM.

In this attorney disciplinary matter, the Office of Disciplinary Counsel (ODC) 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 418 of the South Carolina Appellate Court Rules (SCACR). In the Agreement, respondent admits misconduct and consents to the imposition of an admonition, public reprimand, or definite suspension not to exceed twelve (12) months. In addition, respondent 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 a sanction and to complete the Legal Ethics and Practice Program Ethics School within six (6) months of the imposition of a sanction. Finally, respondent agrees to continue treatment for depression for two (2) years following the imposition of a sanction and to provide quarterly reports of her treatment from her treatment professional(s) to the Commission for the two (2) year period. We accept the Agreement and suspend respondent from the practice of law in this state for twelve (12) months. In addition, we impose all of the conditions stated above. The facts, as set forth in the Agreement, are as follows.

Facts

Matter I

In July 2009, Complainant A retained respondent to pursue a divorce and custody matter against his wife. Complainant A paid the costs of the action and paid respondent $200.00 a month toward the $1,500.00 fee. The fee was fully paid in early 2010.

In May 2010, respondent filed a Summons and Complaint and served the documents on the wife. Complainant A’s name was misspelled on most of the documents filed with the Court. Respondent admits she did not correct the misspelling.

A hearing was scheduled for July 27, 2010, but was delayed so that the wife could attend. The hearing was then held on July 29, 2010. Respondent prepared a settlement agreement at Complainant A’s direction. Pursuant to the agreement, [51]*51Complainant A was to receive sole custody of his two children. The Agreement was initialed and signed by both parties and notarized on July 29, 2010. The Agreement was filed with the Court on July 30, 2010.

An Order and Decree of Divorce, prepared by respondent, was not filed until November 1, 2010. Respondent admits she was not diligent in preparing the order. In the order, respondent wrote “[u]nder the terms of the Agreement, Plaintiff and Defendant will share joint custody of the children ...” This was contrary to the Agreement itself which clearly stated Complainant A was to receive sole custody of the children. Respondent represents she has now corrected the order to reflect that Complainant A has custody of the children with reasonable visitation by the children’s mother.

In early 2011, Complainant A attempted to obtain a hard copy of the Order and Decree of Divorce from respondent. Respondent did not return Complainant A’s calls and never mailed a hard copy of the Order to Complainant A. Respondent admits she did not respond to Complainant A’s calls and did not send him a hard copy of the Order even though he had requested the Order on several occasions. Respondent represents she had previously emailed Complainant A a copy of the final Order.

Matter II

Respondent was retained in July 2008 to represent Complainant B in a domestic matter. Respondent failed to keep Complainant B reasonably informed about the status of his case and failed to promptly comply with the client’s request for information.

On September 26, 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, 277 S.C. 514, 290 S.E.2d 240 (1982), again requesting a response. Respondent did not respond to the Treacy letter or to the Notice of Investigation. Respondent did make an appearance before Disciplinary Counsel and answered questions on the record and under oath.

[52]*52 Matter III

In August 2010, Complainant C retained respondent for a domestic matter. Respondent failed to keep Complainant C reasonably informed about the status of his case and failed to promptly comply with the client’s requests for information. Respondent failed to respond to Complainant C’s emails, certified mail, and numerous telephone calls for several weeks at a time.

Respondent failed to inform Complainant C of a scheduled pre-trial conference in October 2011. Complainant C learned of the pre-trial conference from the opposing party in the domestic action.

On October 19, 2011, respondent was mailed a Notice of Investigation requesting a response to the complaint within fifteen days. When no response was received, respondent was served with a letter pursuant to In the Matter of Treacy, id., again requesting a response. Respondent did not respond to the Treacy letter or to the Notice of Investigation. Respondent did make an appearance before Disciplinary Counsel and answered questions on the record and under oath.

Matter IV

In March 2011, respondent was retained to represent Complainant D in a domestic matter. Respondent failed to notify the Court or opposing counsel of her representation and failed to file an answer to the Summons and Complaint. As a result Complainant D was served with a “Request for and Notice of Default Hearing and Final Hearing.” Complainant D retained new counsel and requested a refund of unearned fees from respondent. Respondent failed to return the unearned fees to Complainant D.

On January 9, 2012, respondent was mailed a Notice of Investigation requesting a response to the complaint within fifteen days. When no response was received, respondent was served with a letter pursuant to In the Matter of Treacy, id., again requesting a response. Respondent did not respond to the Treacy letter or to the Notice of Investigation.

[53]*53 Matter V

In October 2011, respondent was retained to represent Complainant E in a domestic matter. Respondent failed to keep Complainant E reasonably informed about the status of her case and failed to promptly comply with Complainant E’s requests for information. Respondent represents that the matter has now been resolved.

On February 28, 2012, respondent was mailed a Notice of Investigation requesting a response to the complaint within fifteen days. When no response was received, respondent was served with a letter pursuant to In the Matter of Treacy, id., again requesting a response. Respondent did not respond to the Treaey letter or to the Notice of Investigation.

Matter VI

Complainant F retained respondent to represent her in a custody action. Respondent failed to keep Complainant F reasonably informed about the status of her case and failed to promptly comply with Complainant F’s requests for information. Respondent failed to respond to Complainant F’s emails and numerous telephone calls.

On March 6, 2012, respondent was mailed a Notice of Investigation requesting a response to the complaint within fifteen days.

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Related

In the Matter of Treacy
290 S.E.2d 240 (Supreme Court of South Carolina, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
744 S.E.2d 543, 404 S.C. 49, 2013 WL 3200591, 2013 S.C. LEXIS 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-potter-sc-2013.