12/8/2022 0 Comments Rachel maccleanRespondent admits her conduct constitutes grounds for discipline under the following Rules for Lawyer Disciplinary Enforcement, Rule 413, SCACR: Rule 7(a)(1) (violation of the Rules of Professional Conduct) and Rule 7(a)(5) (conduct tending to pollute the administration of justice, bring the courts or legal profession into disrepute, or demonstrate an unfitness to practice law). Respondent admits her conduct violated the following Rules of Professional Conduct in Rule 407, SCACR: Rule 1.1 (competence) Rule 1.3 (diligence) Rule 1.4 (communication) Rule 1.16(a) (withdrawing from representation) Rule 3.4(c) (knowingly disobeying an obligation under the rules of a tribunal) 8.4(a) (violation of the Rules of Professional Conduct) and 8.4(e) (conduct prejudicial to the administration of justice). Four days after the Trustee's complaint was submitted to ODC, Respondent was placed on interim suspension. Respondent was removed from all cases pending in the Bankruptcy Court by orders that either terminated her services or substituted other counsel. Respondent failed to respond to any of the motions, failed to attend any of the hearings, and failed to contact the Trustee's office. §§ 526(c), 329(b), and 105(a), seeking to terminate Respondent as counsel in 18 cases and to require that Respondent forfeit any remaining attorney's fees to be paid to her under the debtors' confirmed Chapter 13 plans. The Trustee filed motions pursuant to 11 U.S.C. ODC received a complaint from an Assistant United States Trustee (Trustee) alleging that Respondent had failed to respond to attempts to contact her from several clients, the Trustee's office, and the Bankruptcy Court. The United States Trustee Program, a component of the Department of Justice, supervises the administration of bankruptcy cases and private trustees under Title 11 of the United States Code. Matter B Respondent practiced bankruptcy law in the United States Bankruptcy Court for the District of South Carolina. Although the charges ultimately resulted in dismissal, Respondent admits her conduct violated the following Rules of Professional Conduct in Rule 407, SCACR: Rule 8.3(a) (requiring a lawyer to report being charged with a serious crime within fifteen days) Rule 8.4(b) (criminal act that reflects adversely on her fitness as a lawyer) and Rule 8.4(e) (conduct prejudicial to the administration of justice). Respondent failed to notify the Commission in writing within fifteen days of being arrested and charged. The charges were dismissed by the Solicitor's office on June 12, 2019, due to concerns regarding the legality and constitutionality of the stop and search. Also located in the vehicle was a marijuana pipe containing a small amount of marijuana and a white pill bottle containing suspected marijuana. Items located in Respondent's vehicle included a plastic bag with 5 suspected ecstasy pills a plastic bag with five white pills believed to be hydrocodone pills a plastic bag with an amount of suspected "molly" and two plastic bags containing approximately 8 grams of an item suspected to be cocaine. Matter A Following a traffic stop on July 11, 2018, Respondent was arrested and charged with four counts of possession of a controlled substance. The facts, as set forth in the Agreement, are as follows. We accept the Agreement and suspend Respondent from the practice of law in this state for three years, retroactive to the date of her interim suspension. In the Agreement, Respondent admits misconduct, consents to the imposition of any sanction contained in Rule 7(b), RLDE, Rule 413, SCACR, and agrees to pay the costs incurred by ODC and the Commission on Lawyer Conduct (Commission) in investigating and prosecuting 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 of the Rules for Lawyer Disciplinary Enforcement (RLDE) contained in Rule 413 of the South Carolina Appellate Court Rules (SCACR). #Rachel macclean pro#Suzanna Rachel MacLean, of San Antonio, Texas, Pro Se. Williams, both of Columbia, for the Office of Disciplinary Counsel. Nichols and Senior Assistant Disciplinary Counsel Ericka M. 28044 Submitted J– Filed JDEFINITE SUSPENSION Disciplinary Counsel John S. THE STATE OF SOUTH CAROLINA In The Supreme Court In the Matter of Suzanna Rachel MacLean, Respondent.
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