We accept the Panel's recommendation and order Respondent's definite suspension from the practice of law for a period of fifteen months, retroactive to the end of Respondent's nine month suspension, in addition to the other requirements recommended by the Panel. In re Braghirol, 383 S.C. 379, 680 S.E.2d 284 (2009). Neither party filed briefs with this Court.
Although trial counsel was in fact suspended from the practice of law subsequent to Defendant's trial, the first set of formal charges resulting in this suspension was filed in November 2007, months after the completion of Defendant's trial. In re Braghirol, 680 S.E.2d 284, 285 (S.C. 2009).
Although trial counsel was in fact suspended from the practice of law subsequent to Defendant's trial, the first set of formal charges resulting in this suspension was filed in November 2007, months after the completion of Defendant's trial. In re Braghirol, 680 S.E.2d 284, 285 (S.C. 2009).
In re Smith, 296 S.C. 86, 89, 370 S.E.2d 876, 878 (1988) (imposing a definite suspension of six months for an attorney who failed to perfect an appeal and failed to pay a court reporter); See In re Conway, 374 S.C. 75, 79, 647 S.E.2d 235, 237 (2007) (disciplining an attorney for a definite suspension of nine months where the attorney failed to pay a court reporter, failed to safeguard client files, and failed to respond to charges); In re Jones, 359 S.C. 156, 160, 597 S.E.2d 800, 803 (2004) (imposing a one-year suspension for the attorney's misconduct in failing to perfect a criminal defendant's direct appeal, failing to cooperate in disciplinary proceedings, as well as other misconduct). We also take into consideration Respondent's extensive prior disciplinary history involving a myriad of matters including Respondent's failure to pay a third party and his lack of compliance with civil orders from this Court.In re Braghirol, 383 S.C. 379, 387, 680 S.E.2d 284, 288 (2009) (noting the attorney's pattern of prior disciplinary history in imposing a definite suspension for nine months). We therefore find the panel's recommendation is appropriate.CONCLUSION
Accordingly, in light of the multitude of complaints (twenty-three) involving repeated violations of the same rules, we find a nine-month definite suspension is an appropriate sanction for Respondent's misconduct. See, e.g., In re Braghirol, 383 S.C. 379, 680 S.E.2d 284 (2009) (imposing a nine-month suspension where lawyer failed to communicate adequately with a client, failed to return client documents, failed to appear for scheduled court hearings, failed to refund fees to a client as ordered by the Board, and failed to respond to inquiries by ODC); In re Sturkey, 376 S.C. 286, 657 S.E.2d 465 (2008) (imposing a nine-month suspension where, in eight matters, lawyer failed to communicate with his clients, failed to pursue their objectives, and failed to respond to inquiries by ODC); In re Conway, 374 S.C. 75, 647 S.E.2d 235 (2007) (imposing a nine-month suspension where lawyer failed to pay court reporter, failed to safeguard client files, failed to file suit on client's behalf and failed to respond to charges); In re Cabaniss, 369 S.C. 216, 632 S.E.2d 280 (2006) (imposing a twelve-month suspension where, in nine separate matters, lawyer failed to communicate adequately with his clients, failed to diligently and promptly pursue their objectives, and failed
See In re Bauder, 980 P.2d at 508 (suspending lawyer for thirty days for violating Colo. RPC 3.4(c) and 8.4(d) and C.R.C.P. 241.6(7)); Huntzinger, 967 P.2d at 162 (suspending attorney for three months for violating court order to pay attorney fees and failing to attend his own deposition); Whitaker, 814 P.2d at 816 (suspending lawyer for ninety days for failure to pay court reporter's bill, coupled with many other violations of the Rules of Professional Conduct). See also In re Braghirol, 680 S.E.2d 284, 288 (S.C. 2009) (suspending lawyer for nine months for failure to pay court reporter, failure to pay fee arbitration, and neglect of several matters). Moreover, there is no direct parallel in this case to In re Roose, in which the Colorado Supreme Court suspended an attorney for one year and one day for, among other things, failing to comply with a judge's command.
Because Respondent has been found in default and, thus, is deemed to have admitted to all of the factual allegations, the sole question before this Court is whether to accept the Panel's recommended sanction. See In the Matter of Jacobsen, 386 S.C. 598, 606, 690 S.E.2d 560, 564 (2010) (concluding the sole question before the Court was whether to accept the Panel's recommended sanction where Respondent had been found in default and deemed to have admitted to all the factual allegations); In the Matter of Braghirol, 383 S.C. 379, 386, 680 S.E.2d 284, 288 (2009) (citing Rule 24, RLDE, of Rule 413, SCACR, and recognizing that this Court need only determine the appropriate sanction where Respondent is deemed to have admitted all factual allegations of the Formal Charges and the charges of misconduct). This Court has the sole authority to discipline attorneys and to decide the appropriate sanction after a thorough review of the record.
Cf. In reBraghirol, 383 S.C. 379, 680 S.E.2d 284 (2009) (finding, after the consideration of mitigating evidence, that a definite suspension of nine months was appropriate for an attorney who failed to respond in five matters under investigation and who committed other, sanctionable misconduct, including failing to attend scheduled court hearings and failing to pay funds to a client as ordered; the attorney had previously received a letter of caution for minor misconduct and failing to respond to ODC). B. Costs