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In re Rhoad

Supreme Court of South Carolina

January 21, 2015

In the Matter of William D. Rhoad, IV, Respondent Appellate Case No. 2014-002478

Submitted December 1, 2014.

Lesley M. Coggiola, Disciplinary Counsel, and Ericka M. Williams, Assistant Disciplinary Counsel, both of Columbia, for Office of Disciplinary Counsel.

William D. Rhoad, IV, Esquire, of Bamberg, Pro se.

TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.

OPINION

PER CURIAM:

In this attorney disciplinary matter, the Office of Disciplinary Counsel and respondent have entered into an Agreement for Discipline by Consent (Agreement) pursuant to Rule 21 of the Rules for Lawyer Disciplinary Enforcement (RLDE) contained in Rule 413 of the South Carolina Appellate Court Rules (SCACR). In the Agreement, respondent admits misconduct and consents to the imposition of a confidential admonition or public reprimand with conditions. We accept the Agreement and issue a public reprimand with conditions as stated hereafter in this opinion. The facts, as set forth in the Agreement, are as follows.

Facts

Matter I

Client A retained respondent to represent him in a case against an insurance company. Respondent was also retained to represent Client A's wife in a personal injury case. Respondent failed to keep Client A and his wife reasonably informed regarding the status of their cases. When Client A and his wife became dissatisfied with respondent's services, they terminated respondent's representation and requested a return of their files.

[411 S.C. 237] Respondent has not returned the files to Client A or his wife. Respondent asserts that the files have not been returned because, in spite of his best efforts and the efforts of his staff, neither the file for Client A nor his wife can be located.

Matter II

Complainant B retained respondent for representation in a slip and fall case. On behalf of Complainant B, respondent signed a consent motion to strike the case from the active court docket pursuant to Rule 40(j), SCRCP. The consent order to strike the case was signed by the trial judge on October 30, 2008. At respondent's request, opposing counsel consented to and signed a consent

Page 221

order to restore the case to the active docket just prior to the expiration of the one year deadline. Respondent failed to file the consent order and the case was not restored within the one year period. Complainant B's case eventually ...


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