In the Matter of Ronald F. Barbare

Summary

The Supreme Court of South Carolina accepted Ronald F. Barbare's Agreement for Discipline by Consent after he admitted misconduct involving inaccurate HUD-1 settlement statements and related real estate closings. The court imposed a six-month suspension, retroactive to his interim suspension, and emphasized that settlement statements and attorney trust-account records must accurately reflect all transaction funds and disbursements. A subsequent order granted Barbare's reinstatement to practice law.

Holdings

1. The court accepted the Agreement for Discipline by Consent and imposed a definite six-month suspension from the practice of law, retroactive to respondent's interim suspension.
2. Respondent's admitted misconduct violated Rules 1.1, 1.2(e), 4.1(a), 4.1(b), 5.1(a), 5.3(b), 8.4(a), 8.4(b), 8.4(d), and 8.4(e) of Rule 407, SCACR, as well as Rules 7(a)(1), 7(a)(4), and 7(a)(5) of the Rules for Lawyer Disciplinary Enforcement.
3. Settlement statements must accurately identify all costs, credits, amounts paid, payors, and recipients; amounts paid outside closing must be identified as paid outside of closing; attorneys must maintain records of payment methods and receipts and disbursements; and any variance must be supported by written documentation signed by all transaction parties, including the lender.

Questions Presented

1. Whether the court should accept the parties' Agreement for Discipline by Consent and impose a definite suspension.
2. Whether respondent's inaccurate HUD-1 settlement statements and related failures in supervising firm personnel violated the cited Rules of Professional Conduct and Rules for Lawyer Disciplinary Enforcement.
3. What standards attorneys must follow when documenting funds, credits, charges, and disbursements in real-estate closing statements.

Disposition

other