In re Murph, 25479.
Decision Date | 03 June 2002 |
Docket Number | No. 25479.,25479. |
Citation | 564 S.E.2d 673,350 S.C. 1 |
Parties | In the Matter of Curtis L. MURPH, Jr., Respondent. |
Court | South Carolina Supreme Court |
Attorney General Charles M. Condon and Assistant Deputy Attorney General J. Emory Smith, Jr., both of Columbia, for the Office of Disciplinary Counsel.
Curtis L. Murph, Jr., of Columbia, pro se.
In this attorney grievance matter, the Office of Disciplinary Counsel filed formal charges against respondent, alleging misconduct in eighteen different matters. Respondent did not answer the formal charges nor did he appear at the hearing before the sub-panel. The sub-panel and, thereafter, a full panel, found respondent in default and recommended disbarment.
Failure to answer formal charges or to appear when specifically ordered by the hearing panel shall constitute an admission of the factual allegations in the complaint. Rule 24(b), RLDE, Rule 413, SCACR. Because respondent failed to respond to the formal charges against him and failed to appear at the hearing before the sub-panel, the following allegations set forth in the formal charges are deemed admitted:
The sub-panel determined respondent committed misconduct in violation of the following Rules of Professional Conduct, Rule 407, SCACR: Rule 1.1 ( ); Rule 1.2 ( ); Rule 1.3 ( ); Rule 1.4(a) ( ); Rule 1.5(a) ( ); Rule 1.5(c) ( ); Rule 1.15 ( ); Rule 1.16 ( ); Rule 4.1(a) ( ); Rule 8.1(b) ( ); Rule 8.4(a) (violating the Rules of Professional Conduct); Rule 8.4(b) ( ); Rule 8.4(c) (engaging in conduct involving moral turpitude); Rule 8.4(d) ( ); and Rule 8.4(e) ( ).
The sub-panel further determined that respondent violated the following provisions of the Rules for Lawyer Disciplinary Enforcement, Rule 413, SCACR: Rule 7(a)(1)(violating the Rules of Professional Conduct); Rule 7(a)(5) ( ); Rule 7(a)(6) ( ); Rules 30 and 34 ( ). Finally, the sub-panel determined respondent failed to comply with the financial recordkeeping requirements of Rule 417, SCACR.
Because the factual allegations set forth in the formal charges are deemed admitted, the only issue before the Court is the appropriate sanction. In the Matter of Kitchel, 347 S.C. 291, 554 S.E.2d 868 (2001); In the Matter of Thornton, 327 S.C. 193, 489 S.E.2d 198 (1997). In In the Matter of Hall, 333 S.C. 247, 251, 509 S.E.2d 266, 268 (1998), the Court stated the following:
An attorney usually does not abandon a...
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In the Matter of Jacobsen, Opinion No. 26783 (S.C. 3/1/2010)
...inquiries and notices of full investigation regarding these matters; and had an "extensive disciplinary history"); In re Murph, 350 S.C. 1, 4, 564 S.E.2d 673, 675 (2002) (holding disbarment was warranted where attorney: failed to answer the formal charges and appear at the hearing before th......
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In re Prendergast
...arising out of his bankruptcy practice, failed to respond to formal charges, and failed to appear at the hearing); In the Matter of Murph, 350 S.C. 1, 564 S.E.2d 673 (2002) (finding disbarment was the appropriate sanction where attorney was charged with eighteen different matters of miscond......
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In re Boney
...in restitution and pay the costs of the disciplinary proceeding. Id. at 193-94, 652 S.E.2d at 396. In another case, In re Murph, 350 S.C. 1, 4-5, 564 S.E.2d 673, 675 (2002), we stated the attorney's "failure to answer the formal charges and appear at the hearing before the sub-panel, when c......
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In the Matter of Heather Anne Glover, 26908.
...(1998); see, e.g., In re Tullis, 375 S.C. 190, 192, 652 S.E.2d 395, 395–96 (2007) (quoting this language from Hall); In re Murph, 350 S.C. 1, 4, 564 S.E.2d 673, 675 (2002) (same); see also In re Sifly, 279 S.C. 113, 302 S.E.2d 858 (1983) (disbarring an attorney who failed to timely file an ......