Summary
The South Carolina Supreme Court disciplined attorney William Gary White, III, for sending an insulting and intimidating letter concerning a zoning dispute with the Town of Atlantic Beach. The court found violations involving competence, respect for third persons, conduct prejudicial to the administration of justice, and the Lawyer's Oath, while declining to find a failure to cooperate with disciplinary authorities. The court imposed a ninety-day definite suspension and required completion of the South Carolina Bar's Legal Ethics and Practice Program within six months of reinstatement.
Holdings
- Respondent violated Rule 4.4(a) because his letter was a calculated tactic to intimidate and embarrass persons opposing his client's legal position, and its insulting and degrading language had no substantial legitimate purpose.
- The First Amendment freedoms of speech and religion do not prevent discipline for an attorney's misconduct that violates professional standards governing the practice of law.
- Respondent did not violate Rule 8.1 because the record showed that he filed answers, responded to inquiries, submitted witness and exhibit lists, and participated in the disciplinary hearing.
- A definite suspension of ninety days and completion of the Legal Ethics and Practice Program within six months of reinstatement were appropriate sanctions.
Questions Presented
- Whether Respondent's insulting and intimidating letter violated Rule 4.4(a) by using means having no substantial purpose other than to embarrass, delay, or burden third persons.
- Whether Respondent's conduct was protected by the First Amendment freedoms of speech and religion.
- Whether Respondent violated Rule 8.1 by failing to respond to lawful demands from a disciplinary authority.
- Whether Respondent's wife's health constituted a mitigating circumstance.
- What sanction was appropriate for the established misconduct.
Disposition
other
Cases Cited (13)
- In re Tullis, 375 S.C. 190, 191, 652 S.E.2d 395, 395 (2007)(followed)
- In re Thompson, 343 S.C. 1, 10, 539 S.E.2d 396, 401 (2000)(followed)
- In re Hazzard, 377 S.C. 482, 488, 661 S.E.2d 102, 106 (2008)(followed)
- In re Greene, 371 S.C. 207, 216, 638 S.E.2d 677, 682 (2006)(followed)
- In re Norfleet, 358 S.C. 39, 595 S.E.2d 243 (2004)(followed)
- In re Golden, 329 S.C. 335, 341, 496 S.E.2d 619, 622 (1998)(followed)
- Gentile v. State Bar of Nevada, 501 U.S. 1030, 1066, 1071, 1075-77, 111 S. Ct. 2720, 115 L. Ed. 2d 888 (1991)(followed)
- In re Rouss, 221 N.Y. 81, 84, 116 N.E. 782, 783 (1917)(followed)
- Theard v. United States, 354 U.S. 278, 281, 77 S. Ct. 1274, 1276, 1 L. Ed. 2d 1342 (1957)(followed)
- Florida Bar v. Went For It, Inc., 515 U.S. 618, 625, 115 S. Ct. 2371, 132 L. Ed. 2d 541 (1995)(followed)
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Court Document
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