In re McKeever
In re McKeever
Opinion of the Court
The numerous charges against Respondent Heather Mary Boone McKeever in this disciplinary matter include the unauthorized practice of law, improper fee arrangements, false statements before the court, and attempting to intimidate a former client. Because McKeever failed to answer the formal
FACTS
The following facts are drawn from the formal charges against McKeever, which are deemed admitted pursuant to Rule 24(a) of the Rules for Lawyer Disciplinary Enforcement (RLDE) contained in Rule 413 of the South Carolina Appellate Court Rules (SCACR).
McKeever is a licensed attorney in Kentucky who moved to Charleston with her husband, Shane Haffey, in the midst of the foreclosure of a $1,000,000.00 loan on their Kentucky home. Upon arriving in Charleston, McKeever came into contact with Betty McMichael, who owned two properties— 991 Governors Road where she resided, and 986 Governors Road which she rented out. After learning that McMichael faced foreclosure on both of these properties, McKeever offered her legal representation, despite not being licensed to practice law in South Carolina. McMichael initially declined the offer, but she ultimately agreed to the arrangement after repeated phone calls and visits from McKeever. In exchange for McKeever’s legal services, McMichael allowed McKeever and her family to live in the 986 Governors Road house rent-free during the course of representation—an improper fee arrangement because McKeever did not advise McMichael on the scope of her legal representation or the basis for her fees. Moreover, McKeever obtained a possessory interest in the property that was the subject of the litigation—a conflict of interest of which McKeever did not make McMichael aware.
Upon obtaining McMichaePs consent to represent her in the foreclosure actions, McKeever’s subterfuge began. Sometime
While representing McMichael in connection with the first foreclosure action brought against 986 Governors Road, McKeever again sought pro hac vice admission with a licensed South Carolina attorney serving as local counsel. Without consulting local counsel or McMichael, McKeever filed a document entitled “Answer Class Action Complaint” under local counsel’s name. In the document, she asserted thirty-nine affirmative defenses, apparently in an effort to remove the encumbrances on the property and secure clear title, which McKeever and Haffey held after receiving the deed from McMichael.
After McKeever’s repeated efforts to stall the foreclosure process on 986 Governors Road failed, she attempted to perpetuate the scheme to defraud McMichael and Bank of America by filing two lawsuits against McMichael in Kentucky. Despite Kentucky’s lack of jurisdiction over McMichael, McKeever filed suit on behalf of Bondson Holdings seeking $327,500.00 in damages, alleging conversion and disparagement of title based on false accusations that McMichael encumbered 986 Governors Road with the mortgage now held by Bank of America and two other debts incurred after deeding the property to Bondson Holdings. In the second Kentucky action, McKeever brought suit on behalf of her purported law firm, McKeever Law Offices, LLC, claiming $256,200.00 in damages for McMichael’s failure to pay attorney’s fees. McMi-
In yet another attempt to delay the foreclosure proceedings brought against 986 Governors Road, MeKeever assisted Haf-fey with the filing of a bankruptcy petition in Kentucky for an entity he owned called Sandlin Farms, falsely claiming the entity owned an interest in 986 Governors Road. The bankruptcy court dismissed the petition, finding Haffey engaged in “an ongoing pattern of delay” and abused the bankruptcy process.
MeKeever also engaged in the unauthorized practice of law in two other instances when she appeared on behalf of another homeowner facing foreclosure in Beaufort County in 2012 and then appeared on behalf of her own adult daughter in January 2015 after the daughter was charged with speeding.
ANALYSIS
The authority to discipline attorneys and the manner in which the discipline is administered rests entirely with this Court. In re Tullis, 375 S.C. 190, 191, 652 S.E.2d 395, 395 (2007). We have repeatedly held that an attorney’s failure to participate in a disciplinary proceeding is indicative of a disinterest in the law and will be given substantial weight in determining the appropriate sanction. In re Murph, 350 S.C. 1, 4, 564 S.E.2d 673, 675 (2002). An attorney who fails to answer charges or appear to defend or explain her alleged misconduct is subject to the harshest sanctions because the disciplinary process is designed largely to protect the public from indifferent or unscrupulous lawyers. Id.
In light of McKeever’s blatant disregard for this state’s regulation of the legal profession, her abuse of the judicial system, threatening and coercive behavior directed at McMi-chael, and her lack of candor with various courts, we impose the following sanctions and declare McKeever be: (1) permanently debarred, prohibiting her from seeking any form of admission to practice law (including pro hac vice admission) in South Carolina, and prohibiting her from advertising or soliciting legal services in the state; (2) ordered to pay McMichael $1,500.00 for attorney’s fees related to the actions filed in Kentucky; and (3) ordered to pay the costs of the disciplinary investigation and formal proceedings. Moreover, pending the outcome of the bankruptcy proceeding in which Haffey has subjected the 986 Governors Road property, we reserve the right to void any deed through which McKeever wrongfully granted title to herself and Haffey in violation of our Rules of Professional Conduct.
Within fifteen (15) days of the date of this opinion, McKeever shall file an affidavit with the Clerk of Court showing that she has complied with Rule 30 of Rule 413, SCACR.
DEBARRED.
. McKeever did not disclose this fact to local counsel or to any other parties to the action.
. It appears McKeever delayed filing the deed until after the foreclosure action was dismissed to avoid any discovery of her interest in the property and resulting conflicts of interest.
. Although Barnes had earlier motioned to be relieved as local counsel for McMichael, he resumed his representation to protect her legal interests after learning of McKeever's misrepresentations.
. The final disposition of the claim filed by MeKeever Law Offices, LLC is not clear from the record.
. MeKeever signed and filed an appeal of this dismissal on behalf of Haffey. That appeal is pending, with an order holding it in abeyance pending the outcome of various appeals MeKeever filed in litigation related to the foreclosure on the $1,000,000.00 loan on the Kentucky property.
. While appearing on behalf of her daughter, MeKeever also made numerous false statements to the court, including asserting dismissal was warranted because the State failed to appear at two earlier hearings and representing that her daughter was entitled to the appointment of a guardian ad litem, despite knowing her daughter had already reached the age of majority.
. At the time of McKeever’s infractions, the Appellate Court Rules prohibited persons residing in South Carolina from obtaining pro hac vice admission. That rule has since been amended to allow pro hac vice admission to South Carolina residents. Rule 404, SCACR.
Reference
- Full Case Name
- In the MATTER OF Heather Mary Boone MCKEEVER
- Cited By
- 2 cases
- Status
- Published