### THE STATE OF SOUTH CAROLINA In The Supreme Court

In the Matter of Kenneth C. Krawcheck, Respondent.
Appellate Case No. 2016-001483

Opinion No. 27667 Subm itted August 18, 2016 – Fi led September 14, 2016

DEFINITE SUSPENSION

Lesley M. Coggiola, Discip linary Counsel, and C. Tex Davis, Jr., Senior Assistant Disciplinary Counsel, both of Columbia, for Office of Disciplinary Counsel.

Kenneth C. Krawcheck, of Charleston, Pro Se

.

PER CURIAM: In this attorney disciplinary matter, respondent and the Offic e 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). In the Agreement, respondent admits misconduct and consents to a definite suspension of three years or disbarment. Respondent requests that the sanction be made retroactive to t he date of interim suspension. 1 Respondent has agreed that within thirty days of imposition of discipline, he will enter into a payment plan with the Commissi on on Lawyer Conduct to (1) pay t he costs incurred by ODC and the Commissi on in investigating and prosecu ting this matter ($196); (2) pay Client C, refer enced below, $5,000; (3) pay the court reporter referenced below $711.63; and (4) reimburse the Lawyers' Fund f or Client Protection in the amount of $400 .27. Respondent has also agree d to complete the Legal Ethics and Practice Program Ethics School and Trust Accou nt School prior

1 Respondent was placed on interim suspension by order dated Jul y 13, 2012. In re Krawcheck

, 398 S.C. 594, 730 S.E.2d 856 (2012).to reinstatement. We accept the Agreement and suspend responde nt from the practice of law in this state f or three years, retroactive to t he date of his interim suspension. The facts, as set fo rth in the Agreement, are as f ollows.

Facts

Matter A

By letter dated April 4, 2011, r espondent was informed by the S outh Carolina Commission on Continuing Legal E ducation and Specialization tha t he was suspended from the practice of l aw for failure to comply with t he requirements of Rules 408 (compliance with contin uing legal education requireme nts) and 419 (administrative suspension), SCACR. On April 26, 2011, respond ent appeared at opposing counsel's office for th e taking of three depositions. Respondent did not inform opposing counsel of his s uspension. Respondent's suspen sion was lifted by the Commission on May 18, 2011.
Respondent admits his conduct violat ed Rule 5.5(a), RPC (a lawy er shall not practice law in a jurisdiction in violation of the regulation o f the legal profession in that jurisdiction).

Matter B
In 2010, respondent contracted w ith a court reporter to provide services for three depositions. Respondent has not p aid the court reporter. The amount due is $711.63. Respondent admits his failu re to pay the court report er constitutes misconduct. See In re Jackson , 365 S.C. 176, 617 S.E.2d 123 (2005)(failure to timely pay a court reporter cons titutes grounds for attorney di scipline).

Matter C

Client C hired respondent to ha ndle a legal matter and paid res pondent a $5,000 retainer. Respondent failed to ret urn several messages left by Client C seeking an update on the matter. After c ontinued limited communication, C lient C terminated the representation. Respondent has not returned Client C's fil e or any unused portion of the retainer.
Respondent failed to provide a wr itten response to the complain t filed by Client C, and failed to appear or provide documents in response to a subp oena and notice to appear from ODC.Respondent admits his conduct violated the following Rules of P rofessional Conduct, Rule 407, SCACR: Rule 1.3 (a lawyer shall act with rea sonable diligence and promptness in representing a client); Rule 1. 4 (a lawyer sh all keep the client reasonably informed about the status of the matter and promptly comply with reasonable requests for informa tion); Rule 1.16 (requirements u pon termination of representation); and Rule 8.1 (a lawyer in connection with a di sciplinary matter shall not knowingly fail to res pond to a lawful demand for info rmation from a disciplinary authority).

Matter D

The South Carolina Resolution of Fee Disputes Board issued a Ce rtificate of NonCompliance against respondent i n the amount of $5,000 with rega rd to the refund owed Client C. Respondent has not paid the amount owed.
Respondent admits his conduct cons titutes a ground for discipline under Rule 7(a)(10), RLDE (it shall be a gro und for discipline for a lawye r to willfully fail to comply with a final decision of t he Resolution of Fee Disputes Board).

Matter E

Respondent has failed to fully rei mburse the Lawyers' Fund for Client Protection for funds it remitted to the atto rney appointed to protect the interests of respondent's clients upon respondent's interim suspension, as o rdered by this Court. Respondent has paid the Fund $100, which leaves an outstanding balance of $400.27.

Respondent admits his conduct cons titutes grounds for disciplin e under Rules 7(a)(3) and (a)(5), RLDE (it shall be a ground for discipline f or a lawyer to willfully violate a valid order o f the Supreme Court or to engage in conduct tending to pollute the administration of justice or to bring the courts or the legal profession into disrepute or c onduct demonstrating an unfitness to practice law).

Conclusion

We hereby suspend respondent fro m the practice of law in this s tate for three years, retroactive to the date of his i nterim suspension. Respondent shall, within thirty days of the date of this opinion , enter into a payment plan wit h the Commission on Lawyer Conduct to (1) pay the cos ts incurred by ODC and the Com mission in investigating and prosecuting th is matter ($196); (2) pay Clien t C, referencedabove, $5,000; (3) pay the court reporter refe renced above $711 .63; and (4) reimburse the Lawyers' Fund for C lient Protection in the amount of $400.27. Respondent shall complete the Legal Ethics and Practice Program Ethics School and Trust Account School.

Within fifteen days of the date of this opinion, respondent sha ll file an affidavit with the Clerk of Court showing that he has complied with Rule 30 of Rule 413, SCACR.

DEFINITE SUSPENSION.

PLEICONES, C.J., B EATTY, HEARN AND FEW, JJ., concur.

I would accept the Agreement a nd disbar respondent from the practice of law.

KITTREDGE, J.