In the Matter of Christopher Michael Ochoa

Summary

The South Carolina Supreme Court disciplined Christopher Michael Ochoa, an attorney licensed in Florida but not South Carolina, for providing legal services to South Carolina residents and targeting them through Internet advertising without authorization. The court found violations involving unauthorized practice, attorney competence, diligence, communication, fees, termination of representation, and advertising, and ordered debarment, costs, and restitution.

Holdings

1. A lawyer admitted in another jurisdiction who provides or offers legal services in South Carolina or whose advertising and solicitations are subject to South Carolina regulation is subject to the disciplinary authority of the South Carolina Supreme Court and to the state's Rules of Professional Conduct.
2. Ochoa violated the Rules of Professional Conduct by providing deficient representation to V.S. and W.W., including violations concerning competence, scope of representation, diligence, communication, unreasonable fees, and protection of client interests upon termination.
3. Ochoa violated South Carolina rules by establishing a systematic and continuous presence for the unauthorized practice of law and by using misleading advertising and firm-name representations.
4. Ochoa was debarred from practicing law in South Carolina, prohibited from practicing or seeking admission there without a court order, and ordered to pay proceeding costs and restitution.

Questions Presented

1. Whether Ochoa was subject to the disciplinary authority of the South Carolina Supreme Court despite not being licensed in South Carolina.
2. Whether Ochoa violated South Carolina rules governing competence, scope of representation, diligence, communication, fees, termination of representation, unauthorized practice of law, professional misconduct, advertising, and firm names.
3. What sanction and monetary remedies were appropriate for Ochoa's misconduct.

Disposition

other