In the Matter of George Harold Hanlin

CourtSupreme Court of South Carolina
DecidedDecember 18, 2024
Docket2024-001799
StatusPublished

This text of In the Matter of George Harold Hanlin (In the Matter of George Harold Hanlin) 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 the Matter of George Harold Hanlin, (S.C. 2024).

Opinion

THE STATE OF SOUTH CAROLINA In The Supreme Court

In the Matter of George Harold Hanlin, Respondent.

Appellate Case No. 2024-001799

Opinion No. 28248 Submitted November 25, 2024 – Filed December 18, 2024

DEFINITE SUSPENSION

Disciplinary Counsel William M. Blitch, Jr. and Assistant Disciplinary Counsel Phylicia Yvette Christine Coleman, both of Columbia, for the Office of Disciplinary Counsel.

George Harold Hanlin, of Columbia, pro se.

PER CURIAM: In this attorney disciplinary matter, Respondent and the Office of Disciplinary Counsel (ODC) 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, agrees to pay costs, and consents to the imposition of a confidential admonition, a public reprimand, or a definite suspension of up to six months. We accept the Agreement and suspend Respondent from the practice of law in this state for six months. The facts, as set forth in the Agreement, are as follows.

I.

Respondent was admitted to practice in 1989, and he has no prior disciplinary history. This Agreement involves nine complaints filed between September 27, 2021, and January 5, 2024. Matter A

Clients A (Husband and Wife) hired Respondent to handle some estate planning work for them. Specifically, Husband hired Respondent on February 14, 2020, to establish a revocable trust (Trust) and other estate planning documents and paid Respondent $1,925. Respondent was notified that Wife also wanted estate planning work done and entered an amended fee agreement with both clients on March 6, 2020. Husband and Wife paid Respondent an additional payment of $1,025 for adding Wife's matter. Respondent met with both clients on August 13, 2020, to sign the estate planning documents establishing the Trust. Respondent stated that he would be back in touch regarding the asset transfers to the Trust. Respondent did not discuss anything further with Husband and Wife until April 2021, eight months later, when Wife contacted him. Respondent's last communication with Clients A was on August 2, 2021. Clients A filed their complaint against Respondent on September 27, 2021. Husband notified ODC on December 7, 2021, that they had obtained new counsel.

Respondent represents that from November 21, 2021, through January 2022, he was away taking care of his elderly father and stepmother. Respondent represents that he did not contact any clients, including Clients A, to inform them that communication may be limited during this time or to otherwise plan to ensure his clients' legal matters were being handled. Respondent admits he failed to timely complete the asset review and transfers of Husband's estate planning project. Respondent acknowledges he failed to act with reasonable diligence in carrying out the representation of Clients A. Respondent also admits he failed to keep Clients A reasonably informed as to the status of their matters and failed to promptly communicate with them. Respondent refunded Clients A unearned fees in the amount of $1,200.

Respondent admits his conduct in this matter violated the following provisions of the Rules of Professional Conduct of Rule 407, SCACR: Rule 1.3 (requiring diligence); and Rule 1.4 (requiring timely and adequate communication).

Matter B

Client B hired Respondent to assist with the probate administration process of her mother's estate and paid Respondent $2,015 on July 1, 2021. As of February 3, 2022, the date of Client B's complaint, Client B had been unable to reach Respondent by email or telephone. Respondent emailed Client B on March 15, 2022, after receiving ODC's Notice of Investigation, apologizing for not being in contact as he should have. Respondent further explained in his email that he had been tending to his elderly father. Respondent's email indicated he returned to the office at the end of January 2022 and was behind in his work as a result of being away. Respondent offered to continue the representation or return Client B's funds.

Respondent represents that he performed substantial work on Client B's matter. While he was away taking care of his elderly parents, Respondent did not contact any clients, including Client B, to inform them that communication may be limited while he was away. Respondent represents that he was later diagnosed with COVID-19 and never followed-up with Client B. Respondent represents that he has since tried to contact Client B regarding the return of unearned fees but he has been able to reach her. Respondent admits he failed to act with reasonable diligence in carrying out the representation of Client B and failed to adequately communicate with Client B regarding her legal matter.

Respondent admits his conduct in this matter violated the following provisions of the Rules of Professional Conduct of Rule 407, SCACR: Rule 1.3 (requiring diligence); Rule 1.4 (requiring timely and adequate communication); and Rule 1.16(d) (requiring a lawyer to return unearned fees upon termination of representation).

Matter C

Client C hired Respondent on December 15, 2021, to review his estate plan. Respondent met with Client C in February 2022 and again on April 14, 2022. On April 14, 2022, Respondent reviewed Client C's will, healthcare power of attorney, durable general power of attorney, and Memorandum of Personal and Household Effects for any needed revisions. The will, healthcare power of attorney, and durable general power of attorney were all signed, witnessed, and notarized on April 14, 2022. As of the date of the complaint—July 18, 2022—Client C had not received the signed documents back from Respondent.

On August 10, 2022, four months after Client C's documents had been executed, Respondent mailed and emailed Client C all of the original signed documents. Respondent represents he submitted the durable general power of attorney to Lexington County for recording. Respondent acknowledges he failed to act with reasonable diligence in carrying out his representation of Client C and failed to communicate with Client C in a timely manner regarding his legal matter. Respondent admits his conduct in this matter violated the following provisions of the Rules of Professional Conduct of Rule 407, SCACR: Rule 1.3 (requiring diligence); and Rule 1.4 (requiring timely and adequate communication).

Matter D

Client D hired Respondent on May 15, 2022, and paid Respondent $2,817 to probate his aunt's estate and have him appointed as the personal representative. In order to proceed with the probate process, Respondent requested that Client D provide certain documentation, which Client D provided to Respondent by June 24, 2022. Client D emailed Respondent on July 29, 2022, August 10, 2022, and August 12, 2022, requesting a status update. Respondent did not respond to any of the emails. Client D filed a complaint with Disciplinary Counsel on August 17, 2022.

The York County Probate Court issued a Certificate of Appointment naming Client D as the personal representative of his aunt's estate on August 17, 2022. Respondent emailed the Certificate of Appointment to Client D on August 22, 2022. On November 12, 2022, Client D notified ODC that he had been unable to contact Respondent since mid-October 2022. ODC issued Respondent a Supplemental Notice of Investigation on January 26, 2023. A response was due within fifteen days. On April 4, 2023, when no response was received, ODC sent Respondent a letter pursuant to In re Treacy, 277 S.C. 514, 290 S.E.2d 240 (1982).

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)

Cite This Page — Counsel Stack

Bluebook (online)
In the Matter of George Harold Hanlin, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-george-harold-hanlin-sc-2024.