In re Trexler

Summary

The South Carolina Supreme Court disbarred an attorney based on two additional client matters that were omitted from earlier disciplinary charges. The court held that the respondent could be disciplined for misconduct committed before his prior disbarment and ordered the new disbarment to run concurrently with the earlier one, with restitution required.

Holdings

1. A lawyer may be disciplined for additional acts of misconduct committed before disbarment, even when the disciplinary proceeding concerning those acts occurs after the lawyer has already been disbarred.
2. When a respondent fails to answer and is in default, the factual allegations contained in the formal charges are deemed admitted.
3. Disbarment is warranted where the additional admitted misconduct is considered together with the misconduct underlying the respondent's earlier disbarment; the new disbarment runs concurrently with the earlier disbarment and includes restitution under the existing restitution plan.

Questions Presented

1. Whether a lawyer may be disciplined for misconduct committed before disbarment when the formal charges are brought after the lawyer has already been disbarred.
2. Whether the allegations in formal disciplinary charges are deemed admitted when the respondent fails to answer and defaults.
3. Whether the admitted misconduct, considered together with respondent's earlier misconduct, warrants disbarment and restitution.

Disposition

other