In the Matter of Gene C. Wilkes, Jr.

Summary

The Supreme Court of South Carolina disbarred Gene C. Wilkes, Jr. for extensive misconduct involving real estate closings, client trust funds, probate representation, tax offenses, title insurance premiums, destruction of records, and failure to cooperate with disciplinary investigations. The disbarment was made retroactive to June 27, 2002, the date of his interim suspension. The court also required restitution, payment of costs, compliance with post-disbarment duties, and specified conditions before readmission.

Holdings

1. The Supreme Court has authority to discipline attorneys, makes its own findings of fact and conclusions of law, and is not bound by the subpanel's recommendation.
2. Respondent is disbarred from the practice of law in South Carolina for his extensive and repeated professional misconduct.
3. Disbarment is retroactive to June 27, 2002, and Respondent may not seek readmission until the specified restitution, tax, civil-judgment, and treatment-related conditions are satisfied.

Questions Presented

1. Whether Respondent committed professional misconduct warranting discipline based on the admitted allegations concerning his real-estate, probate, tax, Jones, and title-insurance matters.
2. Whether disbarment was the appropriate sanction for Respondent's pattern of neglect, incompetence, mishandling of client funds, dishonesty, criminal conduct, destruction of records, and failure to cooperate.
3. Whether disbarment should be made retroactive to the date of Respondent's interim suspension and accompanied by restitution, costs, and conditions on readmission.

Disposition

other