in the Matter of James Arthur Cheek
in the Matter of James Arthur Cheek
Opinion of the Court
This is an attorney disciplinary matter. The hearing panel and the Executive Committee found respondent advanced a position merely to harass or maliciously injure another and improperly disclosed the existence of a grievance complaint in violation of Rule 20 of the Rule on Disciplinary Procedure.
The findings of misconduct arose from the following matters. In October 1986, attorney Cheryl Aaron instituted a civil lawsuit on behalf of a client who alleged respondent’s client had participated in sexually assaulting her. When Aaron refused respondent’s request to dismiss his client from the action, respondent filed a third-party complaint against Aaron and her law firm for libel.
As a result of the third-party action and appeal, Aaron was forced to withdraw from her representation and incurred $2,022.79 in attorney’s fees. Respondent has reimbursed Aaron $1,000.00 of that amount.
In April 1987, respondent represented Robert Petty in an attempt to set aside a settlement obtained on Petty’s behalf by another Spartanburg attorney. In his motion to substitute counsel, respondent stated Petty had instituted a grievance complaint against the Spartanburg attorney. Even though re
Respondent is hereby publicly reprimanded. Further, respondent shall make full restitution to Cheryl Aaron in the amount of $1,022.79.
Public reprimand. .
Now Rule 413, para. 20, SCACR.
Under South Carolina law, defamatory statements in a complaint, if relevant to the issues in the case, are absolutely privileged. Redfearn v. Pusser, 276 S.C. 506, 280 S.E. (2d) 206 (1981); Texas Co. v. C.W. Brewer & Co., 180 S.C. 325, 185 S.E. 623 (1936).
Reference
- Full Case Name
- In the Matter of James Arthur CHEEK
- Status
- Published