Summary
The South Carolina Supreme Court imposed a one-year definite suspension on attorney George Thomas Samaha, III, for misconduct arising from his representation of a widow in matters involving her late husband's estate. The misconduct included charging excessive fees, failing to cooperate in probate proceedings, making a false statement under oath, and engaging in conflicts of interest by preparing documents that gave him control over the client's affairs. The court also ordered Samaha to reimburse $3,086.64 in disciplinary-proceeding costs.
Holdings
- The record supported findings that Samaha committed misconduct by charging excessive fees, failing to cooperate in probate proceedings and making a false statement under oath, and engaging in conflicts of interest involving documents that gave him control over Lillian's affairs.
- The Supreme Court has sole authority to determine the appropriate attorney-discipline sanction and is not bound by the Hearing Panel's recommendation.
- A one-year definite suspension from the practice of law, reimbursement of $3,086.64 in proceeding costs, and compliance with Rule 30 were appropriate sanctions for Samaha's misconduct.
Questions Presented
- Whether the record established Samaha's violations of the South Carolina Rules of Professional Conduct and Rules for Lawyer Disciplinary Enforcement by clear and convincing evidence.
- Whether a one-year definite suspension and assessment of proceeding costs were appropriate sanctions for the established misconduct.
Disposition
other
Cases Cited (9)
- In re White, 391 S.C. 581, 707 S.E.2d 411 (2011)(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 Hursey, 395 S.C. 527, 719 S.E.2d 670 (2011)(followed)
- In re Prendergast, 390 S.C. 395, 402-04, 702 S.E.2d 364, 367-68 (2010)(followed)
- In re Crummey, 388 S.C. 286, 289-91, 696 S.E.2d 589, 591 (2010)(followed)
- In re Jones, 359 S.C. 156, 597 S.E.2d 800 (2004)(followed)
- In re Wilmeth, 373 S.C. 631, 632-33, 647 S.E.2d 185, 186 (2007)(distinguished)
Cited In (0)
No citing cases on record yet.
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