In the Matter of Brian N. Davis

Summary

The South Carolina Supreme Court accepted Brian N. Davis's Agreement for Discipline by Consent and disbarred him from practicing law, subject to stated conditions. The court found extensive misconduct involving fraudulent title commitments and insurance policies, misappropriation of funds from trust accounts, and neglect of client matters. The court declined to impose the disbarment retroactively to the date of Davis's interim suspension.

Holdings

1. The court accepted the Agreement for Discipline by Consent after respondent admitted the charged misconduct and consented to disbarment.
2. Respondent was disbarred from the practice of law in South Carolina.
3. The disbarment was not imposed retroactively to the date of respondent's interim suspension.
4. Disbarment was conditioned on specified restitution, reimbursement, payment of costs, completion of ethics, trust-account, and law-office-management programs before any petition for readmission, filing proof of compliance with suspension obligations, and surrender of respondent's certificate of admission.

Questions Presented

1. Whether the Supreme Court should accept the Agreement for Discipline by Consent and impose the agreed-upon discipline.
2. Whether respondent's admitted misconduct warranted disbarment.
3. Whether the disbarment should be imposed retroactively to the date of respondent's interim suspension.
4. What conditions, including restitution, reimbursement, costs, education, and compliance obligations, should accompany the disbarment.

Disposition

other