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In re Cornwell

Supreme Court of South Carolina

April 24, 2019

In the Matter of Fulton Casey Dale Cornwell, Respondent. Appellate Case No. 2018-001660

          Submitted February 6, 2019

          Withdrawn, Substituted, and Refiled April 24, 2019

          John S. Nichols, Disciplinary Counsel, and Ericka McCants Williams, Senior Assistant Disciplinary Counsel, both of Columbia, for the Office of Disciplinary Counsel.

          Fulton Casey Dale Cornwell, of Columbia, pro se.

          Donald W. Beatty C.J., John W. Kittredge J., Kaye G. Hearn J., John Cannon Few J., George C. James, Jr. J.

         ORDER

         By opinion dated February 27, 2019, respondent was disbarred from the practice of law, retroactive to the date of his interim suspension.[1] In re Cornwell, Op. No. 27864 (S.C. Sup. Ct. filed Feb. 27, 2019) (Shearouse Adv. Sh. No. 9). The Office of Disciplinary Counsel (ODC) has filed a petition for rehearing. Respondent did not file a response. After careful consideration of ODC's petition for rehearing, we grant the petition for rehearing, dispense with further briefing, and substitute the attached opinion for the opinion previously filed in this matter.

          PER CURIAM.

         In this attorney disciplinary matter, respondent and the Office of Disciplinary Counsel (ODC) have entered into an Agreement for Discipline by Consent (Agreement) pursuant to Rule 21, RLDE, Rule 413, SCACR. In the Agreement, respondent admits misconduct and consents to a three-year suspension or disbarment. We accept the Agreement and disbar respondent from the practice of law in this state, retroactive to the date of his interim suspension.[2] The facts, as set forth in the Agreement, are as follows.

         Facts

         Matter I

         After being appointed to represent a client in a post-conviction relief (PCR) matter, respondent failed to keep his client reasonably informed of the status of the matter and failed to respond to reasonable requests for information.

         Matters II, IV, VI, & VIII[3]

         Respondent was appointed or retained to represent various clients in PCR matters. During respondent's representation of the clients in Matters II, IV, and VI, respondent failed to keep the clients reasonably informed as to the status of their cases. In Matters VI and VIII, respondent failed to respond to the clients' reasonable requests for information.

         Additionally, in Matters II, IV, and VIII, respondent failed to respond to the initial notices of investigation (NOI) and to the Treacy[4] letters from ODC seeking responses to the complaints.[5] In Matter VI, respondent initially failed to respond to the NOI ...


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