Rule 7. GROUNDS FOR DISCIPLINE; SANCTIONS IMPOSED; DEFERRED DISCIPLINE AGREEMENT

RULE 7

GROUNDS FOR DISCIPLINE; SANCTIONS IMPOSED; DEFERRED DISCIPLINE AGREEMENT

(a) Grounds for Discipline.

It shall be a ground for discipline for a lawyer to:

(1)

violate or attempt to violate the Rules of Professional Conduct, Rule 407, SCACR, or any other rules of this jurisdiction regarding professional conduct of lawyers;

(2)

engage in conduct violating applicable rules of professional conduct of another jurisdiction;

(3)

willfully violate a valid order of the Supreme Court, Commission or panels of the Commission in a proceeding under these rules, willfully fail to appear personally as directed, willfully fail to comply with a subpoena issued under these rules, or knowingly fail to respond to a lawful demand from a disciplinary authority to include a request for a response or appearance under Rule 19(b)(1), (c)(3) or (c)(4);

(4)

be convicted of a crime of moral turpitude or a serious crime;

(5)

engage in conduct tending to pollute the administration of justice or to bring the courts or the legal profession into disrepute or conduct demonstrating an unfitness to practice law;

(6)

violate the oath of office taken to practice law in this state and contained in Rule 402, SCACR;

(7)

willfully violate a valid court order issued by a court of this state or of another jurisdiction;

(8)

employ a person in violation of Rule 34;

(9)

willfully fail to comply with the terms of a finally accepted deferred disciplinary agreement or any terms of a finally accepted agreement for discipline by consent; and,

(10)

willfully fail to comply with a final decision of the Resolution of Fee Disputes Board.

violate a valid court order issued by a court of this state or of another jurisdiction;

(8)

employ a person in violation of Rule 34;

(9)

willfully fail to comply with the terms of a finally accepted deferred disciplinary agreement or any terms of a finally accepted agreement for discipline by consent; and,

(10)

willfully fail to comply with a final decision of the Resolution of Fee Disputes Board.

(b) Sanctions.

Misconduct shall be grounds for one or more of the following sanctions:

(1)

disbarment;

(2)

suspension for a definite period from the office of attorney at law. The period of the suspension shall not exceed 3 years and shall be set by the Supreme Court;

(3)

public reprimand;

(4)

admonition, provided that an admonition may be used in subsequent proceedings as evidence of prior misconduct solely upon the issue of sanction to be imposed;

(5)

restitution to persons financially injured, repayment of unearned or inequitable attorney's fees or costs advanced by the client, and reimbursement to the Lawyers' Fund for Client Protection;

(6)

assessment of the costs of the proceedings, including the cost of hearings, investigations, prosecution, service of process and court reporter services;

(7)

assessment of a fine;

(8)

limitations on the nature and extent of the lawyer's future practice;

(9)

debarment;

(10)

any other sanction or requirement as the Supreme Court may determine is appropriate.

Last amended by Order dated August 8, 2018.