In the Matter of Amick , 288 S.C. 486 ( 1986 )

Ness, Chief Justice

(dissenting):

I dissent. I believe disbarment is the appropriate sanction.

I do not disagree with the majority’s rendition of the facts. Rather, my disagreement is with the majority’s conclusion that respondent’s conduct is not so serious as to warrant permanent expulsion from the Bar. Apparently, the majority believes respondent may someday rehabilitate himself sufficiently to justify his readmission to the Bar. This conclusion simply cannot logically be drawn in the face of a pattern of conduct which reflects an inherent lack of understanding of the duties and the responsibilities of a lawyer.

By admitting a lawyer to the practice of law, this Court impliedly certifies to the public that the lawyer possesses the necessary legal knowledge to practice in the courts of the State. Rule 2, Rules for the Examination and Admission of Persons to Practice Law in South Carolina. A suspended attorney may be readmitted to practice only upon a showing of proof of professional competence and learning in law. Rule 38(A), Rules on Disciplinary Procedure. Indefinite suspension would be appropriate when the Court believes respondent may, in the future, be able to demonstrate the required competence. Where, as here, a lawyer’s conduct reflects that rehabilitation in professional competence cannot be achieved, disbarment is appropriate.

The image of the Bar is based in part upon the manner in which the Court disciplines lawyers who have been, as found by the majority, “... engaged in conduct involving dishonesty, fraud, deceit, and misrepresentation.” The possibility, however remote, that a lawyer who has engaged in such conduct will someday be readmitted to practice cannot help but tarnish the image of the Bar and this Court.

I would disbar.