Sifly, Matter of, 21915
| Citation | 279 S.C. 113,302 S.E.2d 858 |
| Decision Date | 04 May 1983 |
| Docket Number | No. 21915,21915 |
| Court | South Carolina Supreme Court |
| Parties | In the Matter of Raymond William SIFLY, Jr., Respondent. |
Atty. Gen. T. Travis Medlock and Asst. Atty. Gen. C. Havird Jones, Jr., Columbia, for complainant.
Raymond W. Sifly, Jr., pro se.
This attorney disciplinary matter against Respondent, Raymond William Sifly, Jr., is before the Court as a result of the report of the Hearing Panel and of the Executive Committee of the Board of Commissioners on Grievances and Discipline.
The findings of fact contained in the Panel Report may be summarized as follows:
1. In representing Mr. and Mrs. Raymond Collier in a real estate lot line dispute, Respondent failed to timely except to the Master's Report as required by the Code of Laws of South Carolina (1976) § 15-35- 120. He then failed to appear before the Circuit Judge for the hearing to approve the report.
2. Respondent accepted a $2,500 retainer from the Colliers ostensibly to pursue an appeal. When later confronted by the Colliers, Respondent acknowledged in writing that he had failed to timely file an appeal. To the Respondent's credit is the finding of fact that he offered to refund the retainer fee to the Colliers with no knowledge that his clients were in the process of filing a grievance with the Board. Refund has not been made.
3. Respondent was retained by another client to represent her interest with regard to a trust account which named her deceased husband as beneficiary. Respondent failed to thoroughly investigate the matter or communicate reasonably with his client. Because of his inaction significant funds were channeled out of the trust account and his client suffered additional costs and consternation.
4. Although no creditors were forced to utilize legal remedies, Respondent drew 101 bad checks on his personal account over a period of about one year.
5. Respondent and his spouse were named defendants in a legal action which culminated in the rendering of a default judgment against them. Respondent was uncooperative and untrustworthy in negotiations to settle the matter without litigation. He failed to attend numerous hearings concerning the judgment.
6. Respondent failed at all levels to cooperate with the Board of Commissioners in the investigation of the Complaints.
The findings are well supported by the evidence and the Respondent Sifly has ignored the Panel and this Court by declining to appear before either the Panel or this Court after this Court issued a Rule to Show Cause giving him an opportunity to...
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...appellant, has the burden of producing a complete record. See, e.g., Helms Realty, 363 S.C. at 339-40, 611 S.E.2d at 487-88; Bridwell, 279 S.C. at 113, 302 S.E.2d at 858 (1983); Carlson, 363 S.C. at 608, 611 S.E.2d at 294; Hundley, 339 S.C. at 306-07, 529 S.E.2d at "An issue may not be rais......
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Gustilo v. Tang
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In the Matter of Jacobsen, Opinion No. 26783 (S.C. 3/1/2010)
...knowingly presented false testimony, and failed to cooperate in the investigation of disciplinary charges against him); In re Sifly, 279 S.C. 113, 302 S.E.2d 858 (1983) (concluding disbarment was appropriate sanction where attorney failed to appear before the disciplinary panel or the Court......
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In re Boney
...to participate [in a disciplinary proceeding] is entitled to substantial weight in determining the sanction." In the Matter of Sifly, 279 S.C. 113, 115, 302 S.E.2d 858, 859 (1983). An attorney's failure to answer charges or appear to defend or explain alleged misconduct indicates an obvious......