Brooks, Matter of, 24504
| Decision Date | 08 May 1996 |
| Docket Number | No. 24504,24504 |
| Citation | 324 S.C. 105,477 S.E.2d 98 |
| Court | South Carolina Supreme Court |
| Parties | In the Matter of Walter W. BROOKS, Respondent. . Heard |
Attorney General Charles M. Condon and Senior Assistant Attorney General Charles H. Richardson, Columbia, for complainant.
Desa Ballard, of Ness, Motley, Loadholt, Richardson & Poole, P.A., Charleston, for respondent.
In this attorney grievance matter, the Executive Committee found respondent Walter Brooks committed misconduct and voted five to two to recommend a sanction of suspension for one year; two members recommended disbarment. We find the appropriate sanction is a definite suspension from the practice of law for a period of nine months. 1
The ethical violations committed by respondent arose during the course of respondent's representation of a client in a domestic matter. The hearing panel made the following findings of fact and law. Respondent engaged in conduct which brings the legal profession into disrepute by making threatening and harassing phone calls to her husband's place of business on August 16, 1991; making lewd comments to his client while inebriated in his office; and directly serving a deposition notice on a party known to be represented by counsel when there was no discovery order. Rules 413(5D) and 407(4.2), SCACR. Respondent knowingly assisted or induced another to violate the Rules of Professional Conduct by having the client call to harass her then husband and brother-in-law and threatening to send his investigator and seize their assets. Rule 407(8.4a). Respondent engaged in conduct which demonstrates an unfitness to practice law based on respondent's incompetent representation of his client. Rules 407(1.1) and 413(5D), SCACR. Respondent engaged in conduct that is prejudicial to the administration of justice. Rule 407(8.4e).
At oral argument before this Court, respondent conceded misconduct and focused on the appropriate sanction. Based on our review of the record we adopt the panel's findings of misconduct. The record contains evidence, including respondent's own testimony, that he continued to have a problem with alcohol. It is of great concern that alcohol was involved in the conduct on August 16, 1991, in the presence of a client and involving other individuals while acting as a lawyer. Alcoholism has been found to contribute to the finding of professional misconduct in the past and may be considered in determining the appropriate sanction. In re Perry, 291 S.C. 124, 352 S.E.2d 479 (1987). Further, alcohol and depression do not excuse attorney misconduct. In re Fullwood, --- S.C. ----, 471 S.E.2d 151 (1996).
The primary purpose of disbarment or suspension is the removal of an unfit person from the profession for the protection of the courts and the public, not punishment of the...
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In re Moses
...from the profession for the protection of the courts and the public, not punishment of the offending attorney.” In re Brooks, 324 S.C. 105, 108, 477 S.E.2d 98, 99 (1996) (citing In re Fullwood, 322 S.C. 1, 6, 471 S.E.2d 151, 154 (1996) ; In re Kennedy, 254 S.C. 463, 465, 176 S.E.2d 125, 126......
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In re Brown
...the public from unscrupulous and indifferent lawyers." Matter of Hall, 333 S.C. 247, 251, 509 S.E.2d 266, 268 (1998); Matter of Brooks, 324 S.C. 105, 477 S.E.2d 98 (1996) (primary purpose of lawyer discipline is to maintain integrity of courts and protect the public). In order to maintain t......
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In re McMaster
...the profession for the protection of the courts and the public, not punishment of the offending attorney." In re Brooks , 324 S.C. 105, 108, 477 S.E.2d 98, 99 (1996) (per curiam) (citations omitted). We find the Panel's recommendations are appropriate, and, therefore, suspend respondent for......
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In re Nelson, 24883.
...in Rule 413, SCACR. We have duly considered Attorney's admitted alcoholism in determining the appropriate sanction. See In re Brooks, 324 S.C. 105, 477 S.E.2d 98 (1996) (finding that alcoholism may be considered in determining appropriate sanction for attorney misconduct.); In re Perry, 291......