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In Re Reynolds

Citations: 515 S.E.2d 927; 335 S.C. 165; 1999 S.C. LEXIS 80Docket: 24935

Court: Supreme Court of South Carolina; April 19, 1999; South Carolina; State Supreme Court

Narrative Opinion Summary

The Supreme Court of South Carolina addressed an attorney disciplinary matter involving Thomas Timothy Reynolds, who admitted to misconduct and accepted a public reprimand under Rule 21 of the Rules for Lawyer Disciplinary Enforcement. Reynolds engaged in unethical conduct during his representation of a client, John Doe, by having an undisclosed sexual relationship with Doe's wife, which led to a conflict of interest. Additionally, Reynolds violated Rule 1.8 of the Rules of Professional Conduct by entering into a business transaction with Doe without proper disclosure or obtaining written consent. Despite Doe's experience as a businessman, the court found that Reynolds failed to meet the necessary conditions for such transactions. The misconduct led to a malpractice lawsuit against Reynolds, which was settled without admission of wrongdoing. The court's decision emphasizes the importance of maintaining professional integrity and the adherence to ethical standards in legal practice, resulting in a public reprimand for Reynolds.

Legal Issues Addressed

Attorney Misconduct and Public Reprimand

Application: The case involves an attorney admitting to misconduct and accepting a public reprimand under Rule 21 of the Rules for Lawyer Disciplinary Enforcement.

Reasoning: Reynolds, represented by Susan Batten Lipscomb, admitted to misconduct and accepted a public reprimand as part of an agreement under Rule 21 of the Rules for Lawyer Disciplinary Enforcement.

Conflict of Interest in Attorney-Client Relationship

Application: The attorney engaged in a sexual relationship with the client's spouse while representing the client, creating a conflict of interest.

Reasoning: Reynolds engaged in a sexual relationship with Doe's wife, Mary Doe, during a visit to Detroit in late 1989 or early 1990. Despite this relationship, Reynolds continued to represent Doe in various business matters, including discussions about Doe's marital issues, without disclosing the affair.

Professional Impropriety and Appearance of Conflict

Application: The attorney's actions created an appearance of professional impropriety, violating the Code of Professional Responsibility.

Reasoning: Reynolds admitted violations of several disciplinary rules, including those concerning the violation of disciplinary rules, conflicts of interest, and the appearance of professional impropriety, as outlined by the Code of Professional Responsibility applicable at the time of his misconduct.

Violation of Rule 1.8 - Business Transactions with Clients

Application: The attorney failed to comply with Rule 1.8 by not providing adequate disclosure and failing to obtain written consent for a business transaction with a client.

Reasoning: The respondent admitted to not advising Doe as mandated by Rule 1.8 of the Rules of Professional Conduct, and Doe did not provide written consent for these transactions beyond the initial documents.