In re Brian Dequincey Newman
Docket: Appellate Case No. 2018-001654; Opinion No. 27845
Court: Supreme Court of South Carolina; November 13, 2018; South Carolina; State Supreme Court
Respondent entered into an Agreement for Discipline by Consent with the Office of Disciplinary Counsel (ODC), admitting to misconduct and consenting to a six-month suspension from practicing law, retroactive to his interim suspension that began on January 8, 2016. The misconduct includes failing to file state income tax returns and pay taxes for 2012 and 2013, leading to a guilty plea in 2016 for two counts of tax-related offenses. He was sentenced to one year, suspended to two years' probation, later reduced to six months upon making full restitution. Additionally, the respondent received a fee and deposited it into his operating account, treating it as an advance fee without adequately informing the client of their rights regarding termination of the lawyer-client relationship or potential refunds. He also failed to maintain required financial records. The respondent's actions violated several provisions of the Rules of Professional Conduct, including improper handling of advance fees and engaging in conduct reflecting adversely on his honesty and trustworthiness. The misconduct constitutes grounds for discipline under the relevant rules. The court accepted the Agreement, imposing the six-month suspension and requiring the respondent to pay investigation costs within 30 days and complete a Legal Ethics and Practice Program Ethics School prior to seeking reinstatement. The decision was concurred by the Chief Justice and other justices.