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MATTER OF BURR9/30/1976
September 30, 1976.
After hearings pursuant to our Rule on Disciplinary Procedure, the Board of Commissioners on Grievances and Discipline found the respondent guilty of professional misconduct growing out of representation of two clients in which it was found that respondent co-mingled client's funds with personal funds, failed to represent a client on a criminal
The matter was argued before us in June, 1976, on the Board's report and the respondent's return to our order requiring him to show cause why the report of the Board should not be confirmed and respondent disbarred in accordance with the Board's recommendation.
The complaint charged respondent with acts of misconduct which tend to pollute the administration of justice or to bring the courts, or the legal profession into disrepute in violation of the Code of Professional Responsibility. Specifically, it alleged that respondent received Five Hundred ($500.00) Dollars to represent Zeke Herriott for second offense
It further alleged that respondent was employed by Lawrence Casson to handle liquidation of a furniture store. In connection with the liquidation respondent received One Thousand Three Hundred and Twenty ($1,320.00) Dollars in satisfaction of a note and conditional sales contract by U.S. Shelter Corporation in August of 1974. He failed to notify Mr. Casson of receipt of the funds. When Mr. Casson discovered the payment he demanded the money from respondent who paid Mr. Casson with a check which was twice returned for insufficient funds. Mr. Casson did not receive payment until August, 1975, when respondent tendered a cashier's check.
The complaint further alleged that Mr. Casson requested an accounting of the liquidation of the furniture business and an accounting for the collection of all notes and conditional sales contracts and respondent never furnished an accounting.
Respondent's defense of the charge concerning Mr. Herriott is that he was called out of town unexpectedly the night before Mr. Herriott's trial and had his secretary notify the Solicitor who apparently called the case notwithstanding. In his verified answer, respondent alleged he offered to return the unearned fee but Mr. Herriott refused to accept.
Respondent's defense in connection with the charges concerning Mr. Casson is that he placed the payment received from U.S. Shelter Corporation in cash in his safe on Mr. Casson's instructions, that Mr. Casson lived in California, South Carolina and Canada and was hard to contact, and that he was attempting to settle his fee when Mr. Casson returned to Myrtle Beach.
The conclusion and recommendation that respondent be permanently disbarred is fully warranted. Although respondent alleged in his verified answer that he had tendered the Five Hundred ($500.00) Dollars to Mr. Herriott, his testimony before the Board was to the effect he felt that some Four Hundred Fifty ($450.00) Dollars to Four Hundred Seventy-Five ($475.00) Dollars refund was due Mr. Herriott but that he did not mail this because he did not consider a full refund due. When questioned why no refund had been made as of the date of the hearing, respondent replied he wanted to talk to Mr. Herriott. It is clear that respondent did undertake to represent Mr. Herriott in a criminal matter and received an attorney's fee of Five Hundred ($500.00) Dollars as retainer. Respondent, with or without excuse, failed to represent his client and likewise failed to refund the unearned attorney's fee. Respondent's own testimony reveals that the retainer funds were never held separately but co-mingled with respondent's personal funds.
The record reflects that the check given by U.S. Shelter C
Page 1 2 South Carolina DUI Attorneys
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