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In the Matter of George K. LYALL, Petitioner

Supreme Court of South Carolina2005-03-02
363 S.C. 92610 S.E.2d 494

Summary

Holding. The Court granted the lawyer's petition for reinstatement to the practice of law, contingent upon the lawyer submitting proof of compliance with continuing legal education requirements and payment of associated fees for 2004 prior to reinstatement.

A lawyer sought reinstatement to practice following a nine-month suspension imposed in 1997. The lawyer previously filed an amended reinstatement petition in 2001, which the Court denied after the Committee on Character and Fitness recommended against reinstatement. The lawyer then filed a new reinstatement petition under the applicable rules. After hearing the matter, the Committee on Character and Fitness reversed its earlier position and recommended that the lawyer be reinstated.

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

Key issues

  • Whether a suspended attorney may be reinstated to practice
  • Conditions required for reinstatement following suspension
  • Continuing legal education compliance as reinstatement requirement

Procedural posture

The petitioner appealed a 2002 denial of his amended reinstatement petition by filing a new petition for reinstatement under the applicable procedural rules, which was heard and recommended for approval by the Committee on Character and Fitness.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

ORDER

In 1997, the Court suspended petitioner from the practice of law for nine (9) months. In the Matter of Lyall, 328 S.C. 121, 492 S.E.2d 99 (1997). The Committee on Character and Fitness (CCF) recommended the Court deny petitioner’s 2001 Amended Petition for Reinstatement. On January 30, 2002, the Court denied petitioner’s Amended Petition for Reinstatement. Petitioner has filed the current Petition for Reinstatement pursuant to Rule 33, RLDE, Rule 413, SCACR. After a hearing, the CCF filed its Report and Recommendation with the Court. The CCF recommends petitioner be reinstated to the practice of law. No exceptions were filed.

We accept the CCF’s Report and Recommendation and reinstate petitioner to the practice of law subject to the following condition:

Prior to his reinstatement, petitioner must submit proof with the Court of his compliance with continuing legal education requirements, including payment of fees, for 2004. See Rule 33(f)(9), RLDE, Rule 413, SCACR (lawyer who has been suspended for nine months or more must provide evidence of good standing with the CLE Commission equivalent to that of active attorneys during the period of the entire suspension). IT IS SO ORDERED.

s/ Jean H. Toal, C.J.

s/ James E. Moore, J.

s/ John H. Waller, Jr., J.

s/ E.C. Burnett, III, J.

J. PLEICONES, not participating.