In re Westmoreland

Summary

The Supreme Court of South Carolina publicly reprimanded an attorney who represented multiple Bright Acres Associates partners and later represented the estate of one partner in litigation adverse to other former clients. The court found violations involving competence, conflicts of interest, use of former-client information, acting as an advocate-witness, and conduct prejudicial to the administration of justice. The reprimand was imposed pursuant to an Agreement for Discipline by Consent.

Holdings

1. Respondent violated Rules 1.1, 1.2(c), 1.2(e), 1.7, 1.8(b), 1.9(a), 1.9(c), 3.7, 8.4(a), and 8.4(e), Rule 407, SCACR, through incompetent representation, undisclosed and conflicting representations, misuse of client information, and failure to withdraw when he was likely to be a necessary witness.
2. Respondent violated Rules 7(a)(1) and 7(a)(5), Rule 413, SCACR, by violating the Rules of Professional Conduct and engaging in conduct tending to pollute the administration of justice or bring the courts or legal profession into disrepute.
3. A public reprimand was the appropriate sanction, and the court accepted the Agreement for Discipline by Consent.

Questions Presented

1. Whether respondent's admitted conduct violated the specified South Carolina Rules of Professional Conduct and Rules for Lawyer Disciplinary Enforcement.
2. Whether a public reprimand was the appropriate sanction under the Agreement for Discipline by Consent.

Disposition

other