In re Olivetti
In re Olivetti
Opinion of the Court
In this attorney disciplinary matter, respondent and the Office of Disciplinary Counsel have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413, SCACR. In the agreement, respondent admits misconduct and consents to the sanction of disbarment. We accept the agreement and disbar respondent from the practice of law in this state. The facts, as set forth in the agreement, are as follows.
Facts
Respondent misappropriated approximately $30,176.65 in trust funds for his own personal use and, on at least one occasion, was dishonest in explaining how the funds were used. Respondent also forged signatures of payees on several checks, thereafter converting the funds to his own use. Finally, respondent commingled $15,000 in client funds with funds in his firm’s general operating account.
Law
Respondent admits that by his conduct he has violated the following provisions of the Rules of Professional Conduct, Rule 407, SCACR: Rule 1.1 (a lawyer shall provide competent representation to a client); Rule 1.15(a) (a lawyer shall hold property of clients that is in the lawyer’s possession in connection with a representation separate from the lawyer’s own property); Rule 8.4(a) (it is professional misconduct for a lawyer to violate the Rules of Professional Conduct); Rule 8.4(b) (it is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects); Rule 8.4(d) (it is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation); and Rule 8.4(e) (it is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice).
Conclusion
We accept the Agreement for Discipline by Consent and disbar respondent, retroactive to January 10, 2001, the date of his interim suspension.
Within fifteen days of the date of this opinion, respondent shall file an affidavit with the Clerk of Court showing that he has complied with Rule 30 of Rule 413, SCACR, and shall also surrender his Certificate of Admission to the Practice of Law to the Clerk of Court.
DISBARRED.
. In the Matter of Olivetti, 343 S.C. 486, 541 S.E.2d 242 (2001).
Reference
- Full Case Name
- In the Matter of Michael G. OLIVETTI
- Status
- Published