In re Fennell
In re Fennell
Opinion of the Court
In this attorney grievance matter, respondent filed neither an answer nor any evidence in mitigation. Under the Rule on Disciplinary Procedure, respondent is in default and is deemed to have admitted all allegations in the three complaints served upon him.
The admitted allegations involved four different matters. The substance of the complaints are summarized below:
Respondent and Attorney J
Phillips Matter
Respondent received a social security settlement check on behalf of Client Phillips for $5,972.13 in December 1995. Prior to this date, respondent had been associated with another attorney, and had been a signatory on a trust account maintained by that attorney. In December 1995, respondent reopened that account, and deposited $2,972.13 of Phillips’ settlement into it. Respondent kept $1,200, and gave Phillips $1,800 in cash. Respondent refused to disburse the remaining funds to Phillips, but after this investigation began he tendered to Phillips a check for $3,000, drawn on respondent’s wife’s account. This check was refused for insufficient funds. Meanwhile, investigation revealed the reopened trust account had been closed, leaving a negative balance of ($145.00). Phillips has not been reimbursed.
Dr. Dhar Matter
Respondent agreed to protect Dr. Dhar’s fees in eleven different matters. Dr. Dhar has not received payment on any of these accounts.
In December 1994, respondent told Goodwin his case had been settled for $2,500. In April 1995, Goodwin was shown papers reflecting only a $1,500 settlement figure, which he none-the-less signed. Despite assurances that a check would be forthcoming, Goodwin has not yet received any money, nor has he been able to get his file and assorted documents back from respondent.
The complaints allege, and we find, that by his conduct in these matters, respondent has violated the terms of his oath of office,
DISBARRED.
. He did file an’affidavit admitting the forgeries alleged in the Bostick matter.
. Respondent associated Attorney J to assist him in the Bostick matter. Attorney J is not accused of any unethical conduct in this case.
. Para. 5 of Rule 413, SCACR.
Reference
- Full Case Name
- In the Matter of Edward A. FENNELL
- Cited By
- 2 cases
- Status
- Published