Matter of Celsor, No. 24780.
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | PER CURIAM |
| Citation | 499 S.E.2d 809,330 S.C. 497 |
| Parties | In the Matter of Richard L. CELSOR, Respondent. |
| Docket Number | No. 24780. |
| Decision Date | 13 April 1998 |
330 S.C. 497
499 S.E.2d 809
No. 24780.
Supreme Court of South Carolina.
Heard March 4, 1998.
Decided April 13, 1998.
S.R. Anderson, of Anderson & Jordan, Columbia, for respondent.
PER CURIAM:
This is an attorney disciplinary matter.1 The hearing Panel found respondent violated Rule 1.1, of Rule 407, SCACR, by handling legal matters he was not competent to handle and failing to secure a power of attorney to sign a client's name on legal documents; Rule 3.3, of Rule 407, SCACR, by making false statements to the circuit and probate courts and engaging in conduct which involves misrepresentation and is prejudicial to the administration of justice; and Rule 413, SCACR, ¶¶5A and E, by violating the oath of office and demonstrating a lack of professional competence. The full Panel adopted the hearing Panel's report and recommendation of a public reprimand. We agree with the findings and conclusions made by the Panel. We further agree the appropriate sanction is a public reprimand.
DISCUSSION
Respondent's admitted misconduct centers around his handling of a probate matter and a related wrongful death action. Bonnie Faye Rish was murdered in Richland County in December 1991. Her only survivor was her minor daughter, Joli Denise Rish. Joli turned eighteen years old on
The Panel also found respondent was incompetent in his handling of the probate and wrongful death actions. Respondent testified that he was unaware that the only person authorized to commence a wrongful death action was the duly appointed personal representative of the decedent's estate.3
Respondent contends the complaint in this disciplinary matter did not allege he was incompetent to handle the wrongful death action and the probate matters. The complaint, however, encompasses this finding of misconduct. It is not a new matter—the entire disciplinary proceeding stemmed from respondent's handling of these actions. More importantly, it is respondent who admitted he basically did not know what he was doing. He testified that he had never handled a probate matter or a wrongful death action. Even though he testified he spent two years researching the law prior to filing the wrongful death action, he still did not follow the proper procedure.
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Hodge v. Unihealth Post-Acute Care of Bamberg, LLC, Appellate Case No. 2015-001183
...the document. Id. at 433 (citation omitted)."[A] power of attorney should be evidenced by an instrument in writing." Matter of Celsor , 330 S.C. 497, 501, 499 S.E.2d 809, 811 (1998)."The relationship of agency need not depend upon express appointment and acceptance thereof. Generally, agenc......
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Chewning v. Ford Motor Co., No. 3351.
...is consistent with attorney disciplinary opinions finding attorney misrepresentations to be fraud upon the court. See, e.g., In re Celsor, 330 S.C. 497, 501, 499 S.E.2d 809, 811 (1998) (finding improper signature without valid power of attorney, notarization of that signature, and misrepres......
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IN RE RICE, No. 24917.
...Matter of Moore, 329 S.C. 294, 494 S.E.2d 804 (1997); Matter of Alexander, 301 S.C. 212, 391 S.E.2d 254 (1990); accord Matter of Celsor, 330 S.C. 497, 499 S.E.2d 809 (1998) (attorney's misconduct in violating various attorney disciplinary rules while handling probate matter and related wron......
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IN RE BROOME, No. 25748.
...his wife had sold the property and did not tell subsequent buyers that the property carried an outstanding mortgage); Matter of Celsor, 330 S.C. 497, 499 S.E.2d 809 (1998) (attorney falsely notarized client's signature and submitted such falsified documents to the court); Matter of Bruner, ......
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Hodge v. Unihealth Post-Acute Care of Bamberg, LLC, Appellate Case No. 2015-001183
...the document. Id. at 433 (citation omitted)."[A] power of attorney should be evidenced by an instrument in writing." Matter of Celsor , 330 S.C. 497, 501, 499 S.E.2d 809, 811 (1998)."The relationship of agency need not depend upon express appointment and acceptance thereof. Generally, agenc......
-
Chewning v. Ford Motor Co., No. 3351.
...is consistent with attorney disciplinary opinions finding attorney misrepresentations to be fraud upon the court. See, e.g., In re Celsor, 330 S.C. 497, 501, 499 S.E.2d 809, 811 (1998) (finding improper signature without valid power of attorney, notarization of that signature, and misrepres......
-
IN RE RICE, No. 24917.
...Matter of Moore, 329 S.C. 294, 494 S.E.2d 804 (1997); Matter of Alexander, 301 S.C. 212, 391 S.E.2d 254 (1990); accord Matter of Celsor, 330 S.C. 497, 499 S.E.2d 809 (1998) (attorney's misconduct in violating various attorney disciplinary rules while handling probate matter and related wron......
-
IN RE BROOME, No. 25748.
...his wife had sold the property and did not tell subsequent buyers that the property carried an outstanding mortgage); Matter of Celsor, 330 S.C. 497, 499 S.E.2d 809 (1998) (attorney falsely notarized client's signature and submitted such falsified documents to the court); Matter of Bruner, ......