In re Norton, 26066.
| Decision Date | 14 November 2005 |
| Docket Number | No. 26066.,26066. |
| Citation | 622 S.E.2d 527 |
| Court | South Carolina Supreme Court |
| Parties | In the Matter of Timothy Vincent NORTON, Respondent. |
Henry B. Richardson, Jr., Disciplinary Counsel, and Susan M. Johnston, Deputy Disciplinary Counsel, both of Columbia, for Office of Disciplinary Counsel.
Coming B. Gibbs, Jr., of Gibbs & Holmes, of Charleston, for respondent.
In this attorney disciplinary matter, respondent and the Office of Disciplinary Counsel (ODC) have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413, SCACR. In the agreement, respondent admits misconduct and consents to a definite suspension not to exceed two years or an indefinite suspension, provided the indefinite suspension is made retroactive to the date of his interim suspension.1 We accept the agreement and indefinitely suspend respondent from the practice of law in this state. The facts, as set forth in the agreement, are as follows.
In two family court actions, respondent did not complete qualified domestic relations orders and submit filings in a timely manner. Respondent did not respond to his clients' inquiries which caused delays and, in some instances, prejudice to the rights of his clients.
In two matters, respondent took fees for criminal representations he did not complete. In a third matter, respondent did not consult with his client before accepting the solicitor's offer to resolve a pending criminal charge and did not return the client's file upon request, thereby causing difficulties with his client's defense.
In late March 2003, respondent was admitted to a rehabilitation center for alcohol abuse for approximately three weeks. Upon his release from the center, respondent spent the weekend with his family and then left town, leaving no forwarding address, no notice to his clients, and no instructions. Respondent withdrew approximately $4,000 of client funds from his escrow account prior to his departure and used these funds for his own purposes. Respondent made no arrangements for his clients.
Subsequently, respondent was placed on interim suspension by the Court. See Footnote 1. Since that time, respondent has had difficulties in recovery and has attempted suicide.
On March 23, 2004, respondent effectively completed a six month recovery program. He is continuing his outpatient efforts and is currently employed in the construction field.
Respondent has fully cooperated with ODC in connection with this matter.
Respondent admits that by his misconduct he has violated the following provisions of the Rules of Professional Conduct, Rule 407, SCACR: Rule 1.1 (); Rule 1.3 (); Rule 1.4 (); Rule 1.5 (); Rule 1.15 (); Rule 1.16 (); Rule 3.2 (); Rule 8.4(a) (); and Rule 8.4(e) ().2 In addition, respondent admits his misconduct constitutes a violation of Rule 7, RLDE, of Rule 413, SCACR, specifically Rule 7(a)(1) () and Rule 7(a)(5) ().
We accept the Agreement for Discipline by Consent and indefinitely suspend respondent from the practice of law. The suspension shall be...
To continue reading
Request your trial