Attorney III

Full Job Description

Under limited supervision and direction of Disciplinary Counsel, work to preserve the integrity of the South Carolina judicial system and the confidence of the public in the administration of justice, by screening and investigating allegations of ethical misconduct and incapacity of judges and lawyers, prosecuting formal charges and other duties as assigned.

Receive complaints regarding alleged ethical misconduct by a lawyer or judge; screen complaints of misconduct by a lawyer or judge by assessing whether, "if true," the complaint alleges conduct in violation of the ethical rules applicable to lawyers or judges; dismiss complaints that do not meet the "if true" threshold, meaning there is no allegation of a possible viable case of misconduct by a lawyer or judge.

Investigate potential complaints that meet the "if true" threshold by sending a notice of investigation to a lawyer or judge, obtaining and reviewing a response from the lawyer or judge, reviewing submissions by the complainant or the respondent (judge or lawyer), contacting and interviewing witnesses regarding alleged misconduct, and obtaining other evidence, including documents, or statements under oath where beneficial; dismiss complaints when misconduct may not be established by clear and convincing evidence following investigation.

Recommend to Disciplinary Counsel the issuance of letters of caution where appropriate to remind lawyers or judges to be more attentive to obligations under the Rules of Professional Conduct, the Code of Judicial Conduct, or other rules governing ethical conduct; refer complaints to other agencies when appropriate, including law enforcement for criminal activity or the State Ethics Commission for public servants.

Notify complainants about the disposition of the complaints, including the ability to seek review of the disposition by a Panel of the Commission on Lawyer or Judicial Conduct; make recommendations to an investigative Panel of the Commission on Lawyer Conduct or Judicial Conduct on the disposition of complaints after investigation, including possible dismissal, sending a letter of caution, imposing a private admonition, or recommending to the Supreme Court to enter a sanction pursuant to Rule 7(b), RLDE, Rule 413, SCACR.

Negotiate and draft agreements for discipline with a lawyer or judge for submission to the Commission on Lawyer Conduct or the Commission on Judicial Conduct; file formal charges when directed to do so by an investigative Panel of the Commission on Lawyer or Judicial Conduct; obtain and review responses from the subject lawyer or judge to the formal charges that were filed and served; prosecute formal charges, which includes engaging in limited discovery and exchange of information, such as by response to initial disclosures (Rule 25(a), RLDE), depositions (Rule 25(c), RLDE), pre-hearing disclosures (Rule 25(b), RLDE), provision of exculpatory evidence (Rule 25(d), RLDE), supplementing responses where appropriate (Rule 25(e), RLDE), obtaining resolution of any discovery disputes from the Commission hearing panel chair (Rule 25(h), RLDE).

Participate in a pre-hearing conference with respondent and the Commission hearing panel chair to discuss evidentiary issues and manner of proceeding at the hearing before a Commission Panel.

Prepare for the Panel hearing by reviewing the case file, preparing exhibits, subpoenaing witnesses, performing legal research, preparing memoranda of law, and preparing opening statements and closing arguments; participate in the hearing by presenting an opening statement, calling witnesses to testify, examining or cross-examining witnesses, presenting a closing argument, and presenting memoranda of law; obtaining and reviewing the transcript of the testimony and exhibits for preparation of a proposed Panel Report; drafting and submitting a proposed Panel Report; receiving and reviewing the final Panel Report filed by the Commission Panel; preparing exceptions to the Panel Report where appropriate; preparing a brief to submit to the Supreme Court with the exceptions to the Panel Report, to include legal research, drafting the brief in accordance with the Appellate Court Rules, and binding the brief; receiving and reviewing exceptions and the brief filed by Respondent; preparing a responsive brief to Respondent's exceptions, including legal research, record review, drafting the brief, and binding the brief; file briefs and other appropriate petitions with the Supreme Court along with certificates of service; preparing for oral arguments before the Supreme Court, including reading the entire record and all briefs, preparing detailed notes, and updating all legal research; engaging in practice arguments and other methods of preparation with in-house attorneys prior to oral arguments before the Supreme Court.

Attending and participating in oral arguments before the Supreme Court, including presentation of the case and responding to questions from members of the Court; receiving and reviewing the opinion the Court files following oral argument and deciding whether to seek rehearing; in cases where there is a potential for a risk of harm to the public, such as where a lawyer or judge has been arrested and charged with a serious offense, draft a petition for interim suspension, serve the petition upon the lawyer or judge, file the petition with the Supreme Court, review any return filed to the petition, file a reply to the return, and notify the Court and the Commission if a receiver is required.

Serve as opposing counsel in proceedings before the Committee on Character and Fitness in which a lawyer seeks reinstatement or readmission.

Prepare Deferred Discipline Agreements for consideration by the Commissions on Judicial or Lawyer Conduct.

In appropriate cases seek authorization from the Commissions on Lawyer or Judicial Conduct to file formal charges.

Prepare formal charges complaints, conduct discovery and formal charges hearings, including opening and closing statements, introduction of evidence, and examination and cross-examination of witnesses.

Prepare panel reports. Prepare and file petitions for interim suspension and Rule 28 petitions and all other required pleadings with the Supreme Court.

Keep accurate and updated notes in Time Matters. Attend regularly scheduled office meetings regarding the status of cases, including terms of diversion agreements, AFDBCs, and appropriate levels of discipline. Meet with and direct investigators on various assignments. Meet with Disciplinary Counsel and Deputy Disciplinary Counsel on the status of cases. Work cooperatively with support staff, professional staff, and a diverse range of individuals.

Represent the Office of Disciplinary Counsel by speaking at and participating in various CLE programs, law schools, bar associations, committees, programs and other local and national professional organizations, which includes preparation of materials and a PowerPoint presentation as needed, attending the program and presenting the lecture.

All other duties as assigned.

Requirements

Law degree from an American Bar Association accredited law school and admission to or eligibility for admission to the practice of law in South Carolina.
Five years of actual experience practicing law. A familiarity with the South Carolina Rules of Professional Conduct and the application of the Rules to everyday practice of law issues, including a strong understanding of law office management issues.
Excellent computer schools and proficiency in Microsoft Office Suite.

Qualifications

Proficiency in electronic case management.

Knowledge, Skills, Abilities and Other Characteristics

Knowledge of state laws and rules of civil procedure pertaining to the South Carolina Rules of Professional Conduct.
Knowledge of investigative methods and procedures. Knowledge of standard computer applications and programs necessary to complete the functions of the job, including Microsoft Word, Microsoft Excel, Microsoft Outlook, Microsoft PowerPoint, and Time Matters.
Ability to multitask and prioritize. Ability to efficiently and accurately analyze legal issues.
Competency in written and oral communication.
Proficiency with the South Carolina Rules of Evidence and with the South Carolina Rules of Civil and Appellate Procedure.
Competency in analysis including, but not limited to, applying disciplinary rules to facts, evaluating weight of evidence and applying disciplinary standards to recommendations for disposition of cases. Competency in appropriately handling, patiently and courteously, sensitive or difficult issues with non-lawyers, lawyers, and judges.
Competency in legal research.
Input data into Time Matters in a timely and accurate manner.
Attend meetings and training as required.

Additional Information

The South Carolina Judicial Branch offers an exceptional benefits package for FTE positions that include:

• Health, Dental, Vision, Long Term Disability, and Life Insurance for Employee, Spouse, and Children.
• State Retirement Plan and Deferred Compensation Programs (Temporary positions have option to enroll).
• 15 days paid annual (vacation) leave per year.
• 15 days paid sick leave per year.
• Option to designate 10 days of earned paid sick leave per year as family sick leave.
• 13 paid state holidays.
• Workers’ Compensation Benefits.