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Legal Ethics

Supreme Court of South Carolina
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In re Brown — Four complaints and noncooperation lead to one-year suspension

The Supreme Court accepted the agreement and suspended Brown for one year. The sanction reflected both the client-service violations and repeated failure to cooperate with the disciplinary system, considered alongside his prior discipline. Brown must comply with the rule governing suspended lawyers, pay disciplinary costs, and complete Ethics School within one year after reinstatement.

Supreme Court of South Carolina
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In re Gilchrist — COVID-loan dishonesty results in eighteen-month suspension

The Supreme Court accepted discipline by consent and imposed an eighteen-month definite suspension, retroactive to Gilchrist’s July 29, 2022 interim suspension. The court stressed the seriousness of financial dishonesty, misrepresentations, and her failure to self-report the indictment. Cooperation, repayment, and other mitigation did not reduce the sanction below the agreed range. She must also pay the investigation and prosecution costs.

Supreme Court of South Carolina
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In re Compton — Client neglect and trust delay warrant public reprimand

The Supreme Court accepted the agreement and publicly reprimanded Compton. It found violations of the professional rules governing competence, diligence, communication, and related responsibilities. The court also required payment of disciplinary costs, an assessment through Lawyers Helping Lawyers with compliance with resulting recommendations, and completion of Ethics School within one year.

Supreme Court of South Carolina
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In re Owen — Repeated professional misconduct brings six-month suspension

The Supreme Court accepted the agreement and imposed a definite six-month suspension. It treated the pattern and Owen’s disciplinary history as important aggravating considerations, while also considering the mitigating material submitted with the agreement. Owen must comply with the rule governing suspended lawyers, pay disciplinary costs, and complete the Legal Ethics and Practice Program Ethics School within one year.

Court of Appeals of North Carolina
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Limage — Rule 11 sanctions upheld for materially misleading contract quotation

The Court of Appeals held that Rule 11 expressly permits a trial court to act on its own initiative and that courts also possess inherent authority to protect the integrity of proceedings. Reviewing the sanction decision de novo, the panel agreed that the complaint misrepresented the contract and that the discrepancy was material to the requested relief. The show-cause process supplied notice and an opportunity to re

North Carolina Court of Appeals
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N.C. State Bar v. Cummings — DHC’s Five-Year Suspension Vacated in Part; Hearsay and Willfulness Failures Undermine Three of Four Misconduct Findings

The North Carolina Court of Appeals unanimously affirmed a DHC finding that attorney Mark Cummings lied to Bar investigators about compensating a paralegal, but vacated three other misconduct findings—on failure to file 1099s (no willfulness finding by the DHC), a courtroom recording device (no evidence of an actual misrepresentation), and a residency misrepresentation (prior out-of-court statement inadmissible under Rules 804(b)(5) and 803(24) because the declarant testified live at the hearing). The case was remanded for the DHC to reconsider appropriate discipline based only on the violations that survived review.

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Matter of Moss

Appellate Division grants immediate interim suspension of attorney based on misconduct posing immediate threat to public interest pending completion of disciplinary proceedings.

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Matter of Figueroa

Appellate Division disbars attorney for persistent failure to cooperate with disciplinary investigation, including failure to respond to complaints, produce documents, and oppose disbarment motion.

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Matter of Cimino

Appellate Division imposes reciprocal discipline for three separate Colorado disciplinary actions spanning two decades, including suspension, reprimand, and further suspension for multiple rule violations.

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Matter of Caruso

Appellate Division imposes reciprocal discipline on attorney suspended in New Jersey for negligent misappropriation of client funds, finding no applicable defense to reciprocal proceedings.

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Matter of Taylor

Second Department sustains all four charges against second law firm partner for same escrow account misappropriation and record-keeping failures as companion case Matter of Silverman.

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