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In re Thomason

Citations: 326 S.C. 269; 487 S.E.2d 184; 1997 S.C. LEXIS 117

Court: Supreme Court of South Carolina; June 19, 1997; South Carolina; State Supreme Court

Narrative Opinion Summary

The Commission on Lawyer Conduct has petitioned the Court to transfer the respondent to incapacity inactive status, to which the respondent has consented. The Court has ordered the transfer and prohibits the respondent from making any disbursements from accounts containing client or trust monies. Nancy Jo Thomason, Esquire, is appointed to manage the respondent’s client files and all associated accounts. She is required to act in accordance with Rule 31 of the Rules for Lawyer Disciplinary Enforcement to protect client interests. Ms. Thomason is authorized to make necessary disbursements from the respondent's accounts and may seek additional authority for unusual disbursements from the Chair of the Commission on Lawyer Conduct. This Order serves as notice to any financial institutions holding the respondent's accounts regarding Ms. Thomason's appointment. The Order will also be made public. Signed by Chief Justice Ernest A. Finney, Jr.

Legal Issues Addressed

Appointment of Custodian for Client Files and Accounts

Application: Nancy Jo Thomason, Esquire, is appointed to manage the respondent's client files and associated accounts, ensuring compliance with Rule 31 of the Rules for Lawyer Disciplinary Enforcement.

Reasoning: Nancy Jo Thomason, Esquire, is appointed to manage the respondent’s client files and all associated accounts. She is required to act in accordance with Rule 31 of the Rules for Lawyer Disciplinary Enforcement to protect client interests.

Authority of Appointed Custodian

Application: Ms. Thomason is authorized to make necessary disbursements and may seek additional authority for unusual disbursements from the Chair of the Commission on Lawyer Conduct.

Reasoning: Ms. Thomason is authorized to make necessary disbursements from the respondent's accounts and may seek additional authority for unusual disbursements from the Chair of the Commission on Lawyer Conduct.

Notice to Financial Institutions

Application: The Order serves as notice to financial institutions holding the respondent's accounts regarding the appointment of Ms. Thomason.

Reasoning: This Order serves as notice to any financial institutions holding the respondent's accounts regarding Ms. Thomason's appointment.

Prohibition on Disbursements from Client or Trust Accounts

Application: The Court prohibits the respondent from making any disbursements from accounts containing client or trust monies following the transfer to incapacity inactive status.

Reasoning: The Court has ordered the transfer and prohibits the respondent from making any disbursements from accounts containing client or trust monies.

Public Disclosure of Order

Application: The Court's Order will be made public, ensuring transparency regarding the respondent's transfer to incapacity inactive status and the appointment of Ms. Thomason.

Reasoning: The Order will also be made public.

Transfer to Incapacity Inactive Status

Application: The Court has ordered the transfer of the respondent to incapacity inactive status upon the petition by the Commission on Lawyer Conduct and with the respondent's consent.

Reasoning: The Commission on Lawyer Conduct has petitioned the Court to transfer the respondent to incapacity inactive status, to which the respondent has consented.