Summary
The Supreme Court of South Carolina disbarred Thomas E. Ruffin, Jr. for multiple acts of professional misconduct, including misappropriation of trust account funds, failure to pay clients and third parties, and failure to cooperate with disciplinary authorities. The court found no misconduct regarding one alleged insufficient-funds incident but upheld the remaining violations, ordered restitution and payment of costs, and made the disbarment effective upon filing of the opinion.
Holdings
- Clear and convincing evidence established that Ruffin committed professional misconduct in the remaining matters, including misappropriation or failure to account for entrusted funds, failure to pay obligations, failure to perform agreed legal services, and failure to cooperate with disciplinary authorities.
- No misconduct occurred in Matter III because the bank notice concerned an item deposited into Ruffin's account that was returned for insufficient funds, not a check written by Ruffin on the account.
- The duty to adjudge the professional conduct of members of the Bar and impose appropriate discipline rests exclusively with the Supreme Court, which is not bound by the panel or executive committee's recommendation.
- Nonretroactive disbarment was warranted based on the clear and convincing evidence of misconduct, Ruffin's disciplinary history, and South Carolina precedent.
Questions Presented
- Whether the evidence established professional misconduct in the charged matters.
- Whether the returned-item notice in Matter III established misconduct.
- Whether nonretroactive disbarment, restitution, payment of costs, and related reinstatement conditions were warranted.
Disposition
other
Cases Cited (5)
- In the Matter of Ruffin, 360 S.C. 339, 600 S.E.2d 909 (2004)(followed)
- In the Matter of Ruffin, 363 S.C. 347, 359-60, 610 S.E.2d 803, 809 (2005)(followed)
- In the Matter of Hines, 275 S.C. 271, 273, 269 S.E.2d 766, 767 (1980)(followed)
- In the Matter of Wilmeth, 373 S.C. 631, 636, 647 S.E.2d 185, 188 (2007)(followed)
- In the Matter of Morehouse, 330 S.C. 205, 206-07, 499 S.E.2d 208, 209 (1998)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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