In re Williams

755 S.E.2d 107, 407 S.C. 214, 2014 WL 879689, 2014 S.C. LEXIS 58
CourtSupreme Court of South Carolina
DecidedMarch 5, 2014
DocketAppellate Case No. 2014-000060; No. 27361
StatusPublished

This text of 755 S.E.2d 107 (In re Williams) 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 Williams, 755 S.E.2d 107, 407 S.C. 214, 2014 WL 879689, 2014 S.C. LEXIS 58 (S.C. 2014).

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 413 of the South Carolina Appellate Court Rules (SCACR). In the Agreement, respondent admits misconduct and consents to disbarment with conditions as set forth hereafter. He requests the disbarment be made retroactive to March 15, 2013, the date of his interim suspension. In the Matter of Williams, 403 S.C. 362, 743 S.E.2d 733 (2013). We accept the Agreement and disbar respondent from the practice of law in this state. We deny respondent’s request to impose the disbarment retroactively to the date of his interim suspension. The facts, as set forth in the Agreement, are as follows.

Facts

Matter I

Respondent drafted a will for Client A. When the will was executed, Client A was in the hospital and unable to speak or sign his name. Respondent named himself as personal repre[216]*216sentative in the will, entitling him to receive a 5% statutory commission. Respondent served as both a witness and the notary to the execution of the will.

Although respondent engaged in a business transaction with Client A by drafting the will and naming himself personal representative, respondent did not explain to Client A in writing that he would collect a fee or commission for serving as the personal representative, did not tell Client A in writing of the advisability of seeking independent legal counsel, and did not provide Client A with a reasonable opportunity to seek independent legal counsel.

Client A died shortly after the execution of the will and, in accordance with the will, respondent was appointed as the estate’s personal representative. The will provided that a named church (Church) was to receive $100,000 and that four members of a family (Beneficiaries) were to share equally in the residuary of the estate.

The estate had $1,253,960.86 in liquid assets. Respondent placed the bulk of the estate’s funds into a dedicated trust account and, except for paying himself $26,000, his handling of the funds in that account is not at issue. However, his handling of the first $300,000 he received in estate funds was largely improper.

In August of 2010, respondent deposited the $300,000 into a trust account he had with Branch Bank and Trust (BB & T). Before the deposit, the account balance was $821.90; respondent did not provide records to ODC sufficient to identify the owner(s) of this money. After the $300,000 deposit and before making any further deposits, respondent issued: 1) 73 checks to himself and one check made payable to cash, totaling $227,073.50; 2) a $4,448.00 check to his relative; 3) two checks totaling $10,119.19 to an individual in connection with an unrelated estate; 4) a $5,630.40 check to a bank for reasons not related to the Estate of Client A; 5) two checks totaling $15,000.00 to an individual for reasons unrelated to the Estate of Client A; 6) a $500.00 check to a beneficiary of the Estate of Client D;1 7) two checks totaling $5,663.49 to John Doe, [217]*217one of the residuary devisees of the Estate of Client D; and 8) a $325.00 check for an expense of the Estate of Client B.2

Respondent also disbursed $32,444.96 for legitimate expenses of the Estate of Client A from the trust account. By the end of January 2012, the balance in the BB & T trust account fell to $16,499.04.

On February 1, 2012, respondent deposited $126,493.30 belonging to the Estate of Client B into the BB & T trust account. This was the first deposit since the $300,000 deposit belonging to the Estate of Client A. Respondent continued to make improper payments, most to himself, without regard to proper handling or accounting of the funds of either estate.

During the investigation of this matter, respondent attempted to justify his removal of funds belonging to the Estate of Client A by claiming that one or more of the Beneficiaries had agreed to pay him a legal fee of 15% of the liquid assets of the estate. Respondent had no such fee agreement. In fact, after he had proposed this fee to the Beneficiaries, the Beneficiaries complained to the probate court and hired counsel. A 15% fee would have been approximately $188,000, an unreasonable amount in light of the factors in Rule 1.5, Rule 407, RPC, and far less than the sum respondent had already removed from the estate.

Because of respondent’s failure to make disbursements and close the estate, the probate court held a hearing on October 19, 2012. At the hearing, the probate court addressed respondent’s proposed 15% fee and respondent agreed to accept the 5% statutory commission as his total compensation for his work on the estate. At the hearing, the Beneficiaries’ attorney demanded a full accounting of all estate funds and respondent agreed to file an interim accounting.

On October 24, 2012, respondent filed two interim accountings with the probate court, one for each of the bank accounts. The interim accounting for the dedicated trust account correctly reflected disbursements to date, including the $26,000 paid to respondent in legal fees. The interim accounting for the funds in the BB & T trust account, however, was largely inaccurate and misleading. Respondent correctly reported [218]*218the estate funds deposited into the account and the legitimate expense paid from the account, but did not report any of the disbursements he made to himself from the account. Moreover, respondent falsely reported that he held $267,555.04 in the BB & T trust account for the estate when the true balance was $50,394.86, the majority of which belonged to the Estate of Client B. Respondent did not provide an accounting of all disbursements as demanded by the Beneficiaries’ attorney.

As a result of his interim accounting and proposed distribution, the probate court directed respondent to make disbursements to the devisees. Respondent was specifically ordered to pay Church the $100,000 it was due within two business days. Because of his improper removal of funds from the account, however, there was not enough money to make the full distributions under his proposal.

After considerable delay and a deposit into his BB & T trust account of funds belonging to another client,3 respondent paid three of the Beneficiaries but made no payment to Church and shorted one of the Beneficiaries $125,478.12. Respondent sent the partial payment to this beneficiary with a letter of apology seeking the beneficiary’s “confidentiality” and “mercy.”

Thereafter, the probate court removed respondent for failure to obey court orders. Both the probate court and the Beneficiaries’ attorney filed complaints against respondent.

ODC subpoenaed respondent’s file for the Estate of Client A and the records for respondent’s trust accounts since the date of Client A’s death. In response to the subpoena, respondent produced bank statements for his BB & T trust account; he did not produce receipt and disbursement journals, client ledgers, or reconciliation reports for that account and produced no records for his real estate trust account. Respondent did not produce his file for the Estate of Client A.

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Related

In re Williams
743 S.E.2d 733 (Supreme Court of South Carolina, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
755 S.E.2d 107, 407 S.C. 214, 2014 WL 879689, 2014 S.C. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-williams-sc-2014.