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In the Matter of Jefferson M. LONG, Jr., Respondent

Supreme Court of South Carolina2001-07-30No. No. 25336
346 S.C. 110551 S.E.2d 586

Summary

Holding. The court imposed a two-year definite suspension retroactive to the interim suspension date, rejecting the panels' recommendation for indefinite suspension.

An attorney was charged with disciplinary violations stemming from a federal criminal conviction under Operation Lost Trust and his mishandling of two criminal defense clients' matters. The attorney failed to answer the formal charges against him, which constituted an admission of the factual allegations. He violated multiple professional conduct rules by failing to provide competent representation, communicate with clients, perfect appeals as requested, and promptly return client files. He also violated disciplinary rules by failing to respond to the disciplinary authority and being convicted of a serious crime involving dishonesty.

Although the disciplinary panels recommended indefinite suspension, the court imposed a two-year definite suspension retroactive to the date of his interim suspension. The court considered comparable cases arising from the same federal sting operation, which had resulted in both definite and indefinite suspensions depending on the circumstances. The court ordered the attorney to pay disciplinary costs within 30 days and to file an affidavit confirming compliance with applicable rules within 15 days. The court indicated it would reconsider the attorney's pending resignation request after the two-year suspension period concluded.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Appropriate sanctions for attorney criminal conviction involving dishonesty
  • Failure to perfect criminal appeals despite client requests
  • Inadequate client communication and file management
  • Effect of failure to answer formal disciplinary charges

Procedural posture

The attorney failed to answer formal charges filed by the Commission on Lawyer Conduct, and the disciplinary panels recommended indefinite suspension, but the court determined the appropriate sanction.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM:

In this attorney disciplinary proceeding, the sub-panel and the full panel recommended an indefinite suspension. We impose a two-year definite suspension.

FACTS

The Commission on Lawyer Conduct filed formal charges against respondent, Jefferson M. Long, Jr., regarding two client matters and his guilty plea in federal court. Respondent was placed on interim suspension on July 22,1999. In re Long, 335 S.C. 584, 518 S.E.2d 264 (1999). Respondent did not answer the formal charges and was not present at the hearing. However, in a letter to the Court dated December 5, 2000, he acknowledged the pending disciplinary charges and admitted the infractions alleged against him. In the letter, respondent sought to tender his resignation from the practice of law.

Criminal Conviction

Respondent pled guilty to one count of violating Section 1001 of Title 18 of the United States Code by knowingly and willfully making a false statement of a material fact in a matter within the jurisdiction of a department or agency of the United States. Respondent’s plea arose out the federal sting operation “Operation Lost Trust.”

Client A Matter

Respondent was retained to represent Client A in a criminal matter. Despite Client A’s requests, respondent failed to perfect an appeal as required by Rule 602, SCACR, and In re Anonymous Member of the Bar, 303 S.C. 306, 400 S.E.2d 483 (1991). Client A also repeatedly requested his file; however, respondent delayed for an unreasonable amount of time before releasing the file. Respondent failed to properly communicate ■with Client A regarding his conviction and appeal.

Client B Matter

Respondent was retained to represent Client B in a criminal matter. Despite Client B’s requests, respondent failed to perfect an appeal as required by Rule 602, SCACR, and In re Anonymous Member of the Bar, 303 S.C. 306, 400 S.E.2d 483 (1991). Respondent incorrectly advised Client B that he had no grounds for appeal and failed to properly communicate with Client B regarding his conviction and appeal.

DISCUSSION

The authority to discipline attorneys and the manner in which the discipline is given rests entirely with the Supreme Court. E.g., In re Yarborough, 337 S.C. 245, 524 S.E.2d 100 (1999). Because respondent failed to answer the formal charges against him, this failure constitutes an admission of the factual allegations. See Rule 24(a), RLDE, Rule 413, SCACR. Consequently, we need only determine the appropriate sanction for respondent. See In re Rast, 337 S.C. 588, 524 S.E.2d 619 (1999); In re Thornton, 327 S.C. 193, 489 S.E.2d 198 (1997).

Respondent violated several Rules of Professional Conduct by: (1) failing to provide competent representation; (2) failing to abide by a client’s decisions regarding the scope of representation; (3) failing to diligently represent a client; (4) failing to properly communicate with a client; (5) failing to safekeep a client’s property; (6) improperly terminating representation of a client; (7) failing to properly serve as an advisor to a client; and (8) violating the rules of professional conduct; (9) committing a criminal act reflecting adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; (10) engaging in conduct involving moral turpitude; (11) engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and (12) engaging in conduct prejudicial to the administration of justice. See Rules 1.1, 1.2, 1.3, 1.4, 1.15,1.16, 2.1, & 8.4, RPC, Rule 407, SCACR.

Additionally, respondent violated the Rules for Lawyer Disciplinary Enforcement by: (1) violating the Rules of Professional Conduct; (2) failing to respond to a lawful demand from a disciplinary authority; (3) being convicted of a serious crime; (4) engaging in conduct tending to pollute the administration of justice or to bring the courts or the legal profession into disrepute or conduct demonstrating an unfitness to practice law; and (5) violating the oath of office taken upon admission to practice law in this state. See Rule 7(a), RLDE, Rule 413, SCACR.

In other disciplinary eases involving criminal convictions stemming from “Operation Lost Trust” we have imposed both a definite and an indefinite suspension. See In re Ferguson, 314 S.C. 278, 443 S.E.2d 905 (1994) (indefinite suspension); In re Limehouse, 307 S.C. 278, 414 S.E.2d 783 (1992) (indefinite suspension); In re Crow, 308 S.C. 128, 417 S.E.2d 534 (1992) (six-month definite suspension). We find that respondent’s criminal conviction relating to “Operation Lost Trust” and his misconduct in the two client matters warrant the sanction of a two-year definite suspension.

Accordingly, respondent is definitely suspended from the practice of law for two years, retroactive to the date of his interim suspension. We will reconsider respondent’s letter of resignation at the. end of the definite suspension. Furthermore, we order respondent to pay the costs of these disciplin ary proceedings to the Commission on Lawyer Conduct within 30 days of the date of this opinion. Respondent shall file an affidavit with the Clerk of Court, within 15 days of the date of this opinion, showing that he has complied with Rule 30, RLDE, Rule 413, SCACR.

DEFINITE SUSPENSION.

TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.

. - In the case of In re Anonymous, the issue was whether an attorney, retained for purposes of a criminal trial only, must assist his client in perfecting an appeal. The Court held that where the client desires an appeal, the attorney must serve and file the Notice of Appeal to protect the client’s right to appeal.