Summary
The South Carolina Supreme Court imposed a two-year definite suspension on Cynthia E. Collie for misconduct arising from repeated frivolous and abusive litigation, including violations of professional conduct rules governing pleadings, proceedings, and conduct prejudicial to the administration of justice. The Court declined to impose restitution as recommended by the disciplinary panel but ordered Collie to pay the costs of the disciplinary proceedings and comply with the applicable attorney-suspension rule.
Holdings
- Respondent's failure to answer the formal charges constituted an admission of the allegations, permitting the Court to treat the factual allegations as admitted.
- Respondent violated Rules 3.1, 3.2, 3.3(a), 3.4, and 8.4(e), Rule 407, SCACR, and was subject to discipline under Rules 7(a)(1) and (5), RLDE, Rule 413, SCACR.
- Respondent's brief did not constitute an exception to the Panel's report because it addressed the merits of sanctions imposed in the underlying cases rather than challenging the Panel's findings concerning aggravation or mitigation; Respondent therefore accepted the Panel's findings, conclusions, and recommendations.
- The admitted misconduct warranted a definite suspension of two years rather than disbarment.
- The Court declined to adopt the Panel's recommendation that Respondent make restitution of the monetary sanctions imposed in the underlying litigation, while reminding Respondent that she must comply with those existing court orders.
Questions Presented
- Whether Respondent's default required the factual allegations in the formal charges to be deemed admitted.
- Whether Respondent committed professional misconduct by violating Rules 3.1, 3.2, 3.3(a), 3.4, and 8.4(e), Rule 407, SCACR.
- Whether Respondent's brief presented a valid exception to the Commission Panel's findings and recommendations.
- What sanction was appropriate for Respondent's admitted misconduct.
- Whether the Court should adopt the Panel's recommendations for disbarment and restitution based on sanctions imposed in the underlying litigation.
Disposition
other
Cases Cited (9)
- In re Welch, 355 S.C. 93, 96, 584 S.E.2d 369, 370 (2003)(followed)
- In re Thompson, 343 S.C. 1, 10-11, 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 Prendergast, 390 S.C. 395, 396 n.2, 702 S.E.2d 364, 365 n.2 (2010)(followed)
- In re McCracken, 346 S.C. 87, 92, 551 S.E.2d 235, 238 (2001)(followed)
- Holmes v. E. Cooper Cmty. Hosp., Inc., 408 S.C. 138, 758 S.E.2d 483 (2014)(followed)
- Holmes v. Haynsworth, Sinkler & Boyd, P.A., 408 S.C. 620, 760 S.E.2d 399 (2014)(followed)
- In re Collie, 406 S.C. 181, 749 S.E.2d 522 (2013)(followed)
Cited In (0)
No citing cases on record yet.
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