THE STATE OF SOUTH CAROLINA 

In The Supreme Court 

In the Matter of Rosalee Hix Davis, Respondent. 

Appellate Case No. 2015-002596 

Opinion No. 27611 

Submitted February 2, 2016 – Filed March 9, 2016 

DEFINITE SUSPENSION 

Lesley M. Coggiola, Disciplinary Counsel, and Ericka M. 

Williams, Assistant Disciplinary Counsel, both of 

Columbia, for Office of Disciplinary Counsel. 

Elizabeth Ann Hyatt, Esquire, of Hyatt Law, LLC, of 

Lancaster, for Respondent. 

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). In the Agreement, respondent admits misconduct and consents to 

the imposition of a public reprimand or definite suspension not to exceed three (3) 

years with conditions. Respondent requests that any suspension be imposed 

retroactively to May 3, 2013, the date she was transferred to incapacity inactive 

status. In the Matter of Davis, 403 S.C. 370, 744 S.E.2d 502 (2013). We accept 

the Agreement and suspend respondent from the practice of law in this state for 

two (2) years, not retroactively to the date of her transfer to incapacity inactive 

status. In addition, we impose the conditions set forth hereafter in this opinion. 

The facts, as set forth in the Agreement, are as follows. 
Facts 

Matter I 

Respondent was retained to represent Client A in a domestic matter. Client A 

requested her file from respondent. Respondent failed to deliver the file as 

requested and failed to provide Client A with a copy of the final order of divorce 

that required Client A to pay child support. 

Matter II 

On April 10, 2012, respondent was retained to represent Client B in a domestic 

matter. Following a hearing, respondent advised Client B to file an appeal of the 

court's ruling. Client B signed a new representation agreement with respondent on 

July 13, 2012, for representation on a motion for reconsideration and an appeal. 

Respondent was paid an additional $2,500.00 for the new representation. 

Respondent failed to file an appeal on behalf of Client B. Due to respondent's 

failure to timely file the appeal, Client B lost his right to an appeal. Respondent 

failed to keep Client B informed of the status of the appeal and failed to respond to 

Client B's numerous telephone calls, texts, and emails regarding Client B's case. 

Respondent admits she failed to withdraw from the representation of Client B 

when respondent's physical and/or mental condition materially impaired 

respondent's ability to represent Client B. Respondent failed to refund the advance 

payment of fees that had not been earned by respondent. In addition, respondent 

also failed to retain the unearned fees in her trust account. 

On January 15, 2013, respondent was mailed a Notice of Investigation requesting a 

response to the complaint within fifteen days. When no response was received, 

respondent was served with a letter pursuant to In the Matter of Treacy, 277 S.C. 

514, 290 S.E.2d 240 (1982), again requesting a response. Respondent failed to 

respond to the Treacy letter or Notice of Investigation. Respondent did appear 

before a representative of the ODC and gave testimony regarding the allegations in 

this matter. 

Matter III 

On October 29, 2012, respondent was retained to represent Client C and her 

husband with a time sensitive domestic matter. Respondent was paid $1,500.00 for 
the representation. Respondent informed Client C that she would have an 

emergency custody order signed by the judge by the end of that week. 

After no further communication with respondent, Client C called respondent on 

November 6 and November 7, 2012, and every other day thereafter. Client C 

received no response or telephone calls from respondent. Client C sent respondent 

an email on November 12, 2012, requesting an update. Respondent responded that 

a hearing would take place Thursday or Friday of that week. Respondent made no 

further contact with Client C and she failed to return Client C's numerous 

telephone calls. 

Respondent admits she failed to withdraw from representation of Client C and her 

spouse when respondent's physical and/or mental condition materially impaired 

respondent's ability to represent them. Respondent failed to refund the advance 

payment of fees that she had not earned. In addition, respondent failed to retain the 

unearned fees in her trust account. 

On January 7, 2013, respondent was mailed a Notice of Investigation requesting a 

response to the complaint within fifteen days. When no response was received, 

respondent was served with a letter pursuant to In the Matter of Treacy, id., again 

requesting respondent's response. Respondent did not respond to the Treacy letter 

or to the Notice of Investigation. Respondent did appear before a representative of 

ODC and gave testimony regarding these allegations. 

Matter IV 

On August 28, 2012, Client D retained respondent for representation on a domestic 

matter. Respondent was paid $1,500.00 for the representation. Respondent 

informed Client D that she would be entitled to an expedited hearing due to the 

affidavit that Client D provided. 

Despite numerous telephone calls, emails, and text messages to respondent 

regarding the status of the hearing, respondent did not respond to Client D until 

September 27, 2012. During that communication, respondent informed Client D 

that the judge needed an affidavit from Client D indicating why an emergency 

hearing was needed. Client D immediately prepared the affidavit and submitted it 

to respondent. 

A hearing was held on October 18, 2012. The judge requested additional 

information from respondent/Client D before finalizing the order. Client D 
provided the additional information to respondent that same day. On October 22, 

2012, respondent informed Client D that the order would be typed and sent to 

judge to sign that same week. After repeated attempts to contact respondent 

between October 25, 2012 and December 4, 2012, respondent finally responded to 

Client D on December 4, 2012 and indicated that she was trying to get the order to 

the judge for a signature. Client D again attempted to contact respondent several 

times between December 10, 2012 and December 21, 2012, but received no 

response. On December 27, 2012, Client D learned from the clerk of court's office 

that an order of dismissal had been signed on Client D's case. The order stated that 

the case was dismissed due to respondent's refusal to present an order to the judge 

after numerous requests from the court. 

Respondent admits she failed to withdraw from representation of Client D when 

respondent's physical and/or mental condition materially impaired respondent's 

ability to represent Client D. 

On February 15, 2013, respondent was mailed a Notice of Investigation requesting 

a response to the complaint within fifteen days. When no response was received, 

respondent was served with a letter pursuant to In the Matter of Treacy, id., again 

requesting respondent's response. Respondent failed to respond to the Treacy letter 

or to the Notice of Investigation. Respondent did appear before a representative of 

ODC and gave testimony regarding these allegations. 

Matter V 

On June 6, 2012, respondent was retained to represent Client E in a domestic 

matter. Respondent was paid $1,675.00 for the representation. After an expedited 

hearing, respondent informed Client E that they would be back in court by the end 

of August 2012. 

Despite several emails, telephone calls, and text messages, Client E received very 

little response from respondent. On January 21, 2013, Client E sent respondent a 

letter by email requesting a refund of her retainer. The letter was also mailed to 

respondent by certified mail. Respondent failed to respond to Client E's letter or to 

communicate with Client E in any matter. 

Respondent admits she failed to withdraw from representation of Client E when 

respondent's physical and/or mental condition materially impaired respondent's 

ability to represent Client E. Respondent failed to refund the advance payment of 
fees that had not been earned. In addition, respondent also failed to retain the 

unearned fees in her trust account. 

On February 15, 2013, respondent was mailed a Notice of Investigation requesting 

a response to the complaint within fifteen days. When no response was received, 

respondent was served with a letter pursuant to In the Matter of Treacy, id., again 

requesting respondent's response. Respondent failed to respond to the Treacy letter 

or to the Notice of Investigation. Respondent did appear before a representative of 

ODC and gave testimony regarding these allegations. 

Matter VI 

In September of 2008, respondent's firm was retained to represent Client F in a 

probate matter. Respondent was the attorney assigned to represent Client F. When 

respondent left the firm in December 2011, the firm issued Client F a refund of his 

unused retainer fee in the amount of $996.78. Client F paid the entire amount of 

$996.78 to respondent to continue the representation. 

Client F was unable to locate or communicate with respondent in spite of many 

messages to respondent's office. Respondent failed to refund the advance payment 

of fees that had not been earned. In additional respondent also failed to retain the 

unearned fees in respondent's trust account. 

On February 25, 2013, respondent was mailed a Notice of Investigation requesting 

a response to the complaint within fifteen days. When no response was received, 

respondent was served with a letter pursuant to In the Matter of Treacy, id., again 

requesting respondent's response. Respondent failed to respond to the Treacy letter 

or to the Notice of Investigation. Respondent did appear before a representative of 

ODC and gave testimony regarding these allegations. 

Matter VII 

On or about February 8, 2012, respondent was retained to represent Client G in a 

domestic matter. Respondent was paid $1,590.00 for the representation. 

Respondent failed to file the action for adoption as had been requested. 

Respondent failed to return Client G's telephone calls or to reply to Client G's 

numerous requests. 

On February 13, 2013, Client G mailed respondent a letter requesting a return of 

Client G's documents and a refund of Client G's retainer within ten days of the date 
 

 

of the letter. Respondent failed to respond to Client G's letter or to communicate 

with Client G regarding Client G's requests. 

Respondent admits she failed to withdraw from representation of Client G when 

respondent's physical and/or mental condition materially impaired respondent's 

ability to represent Client G. Respondent failed to refund the advance payment of 

fees that had not been earned. In addition, respondent also failed to retain the 

unearned fees in her trust account. 

On March 13, 2013, respondent was mailed a Notice of Investigation requesting a 

response to the complaint within fifteen days. When no response was received, 

respondent was served with a letter pursuant to In the Matter of Treacy, id., again 

requesting respondent's response. Respondent failed to respond to the Treacy letter 

or to the Notice of Investigation. Respondent did appear before a representative of 

ODC and gave testimony regarding these allegations. 

Matter VIII 

Respondent was retained on February 6, 2012, to represent Client H in a child 

custody matter. Respondent was paid $2,000.00 for the representation. 

Respondent made two court appearances on Client H's behalf concerning child 

support. Respondent failed to schedule a hearing on Client H's behalf regarding 

the custody issue. Respondent failed to keep Client H informed regarding the 

statue of Client H's custody case. 

Respondent admits she failed to withdraw from representation of Client H when 

respondent's physical and/or mental condition materially impaired respondent's 

ability to represent Client H. 

On March 27, 2013, respondent was mailed a Notice of Investigation requesting a 

response to the complaint within fifteen days. When no response was received, 

respondent was served with a letter pursuant to In the Matter of Treacy, id., again 

requesting respondent's response. Respondent failed to respond to the Treacy letter 

or to the Notice of Investigation. Respondent did appear before a representative of 

ODC and gave testimony regarding these allegations. 
Matter IX 

Respondent was retained to represent Client I in a domestic matter and was paid 

$3,500.00 for the representation. Respondent failed to do any work in furtherance 

of the representation. 

Respondent admits she failed to withdraw from representation of Client I when 

respondent's physical and/or mental condition materially impaired respondent's 

ability to represent Client I. Respondent failed to refund the advance payment of 

fees that had not been earned. In addition, respondent also failed to retain the 

unearned fees in her trust account. 

On May 1, 2013, respondent was mailed a Notice of Investigation requesting a 

response to the complaint within fifteen days. Respondent was transferred to 

incapacity inactive status on May 3, 2013. In the Matter of Davis, supra. 

Respondent appeared before a representative of ODC and gave testimony 

regarding the allegations in this matter. 

Matter X 

Respondent was retained to represent Client J in a domestic matter for the adoption 

of Client J's nephew. Respondent was paid $150.00 for the representation. 

Respondent failed to do any work in furtherance of the representation. Respondent 

failed to return any of Client J's telephone calls or keep Client J informed about the 

status of Client J's matter. 

Respondent admits she failed to withdraw from representation of Client J when 

respondent's physical and/or mental condition materially impaired respondent's 

ability to represent Client J. Respondent failed to refund the advance payment of 

fees that had not been earned. In addition, respondent also failed to retain the 

unearned fees in her trust account. 

Respondent appeared before a representative of ODC and gave testimony 

regarding the allegations in this matter. 

Matter XI 

On April 9, 2012, respondent was retained to represent Client K in a domestic 

matter. Respondent was initially paid $750.00 on April 9, 2012, and another 
 

$200.00 on May 15, 2012. Client K met with respondent at a restaurant and paid 

her an additional $500.00. During this last meeting, respondent informed Client K 

that her case was completed and respondent would schedule a final hearing the 

following week. Despite respondent's representation, respondent failed to do any 

work in furtherance of Client K's case. Respondent closed her law office without 

notifying Client K of a new location or contact number. 

Respondent admits she failed to withdraw from representation of Client K when 

respondent's physical and/or mental condition materially impaired respondent's 

ability to represent Client K. Respondent failed to refund the advance payment of 

fees that had not been earned. In addition, respondent also failed to retain the 

unearned fees in her trust account. 

Respondent appeared before a representative of ODC and gave testimony 

regarding the allegations in this matter. 

Matter XII 

After a finding of fact by the Resolution of Fee Disputes Board (Board), 

respondent was ordered to pay $2,500.00 to Client B referenced above. 

Respondent failed to pay the judgment and a certificate of non-compliance was 

issued by the Board on March 28, 2014. Respondent was mailed a Notice of 

Investigation on April 30, 2014, requesting a written response within fifteen days. 

Respondent failed to file a written response to the Notice of Investigation. 

Law 

Respondent admits that by her conduct she violated the following Rules of 

Professional Conduct, Rule 407, SCACR: Rule 1.2 (lawyer shall abide by client's 

decisions concerning objectives of representation); Rule 1.3 (lawyer shall act with 

reasonable diligence and promptness in representing client); Rule 1.4 (lawyer shall 

keep client reasonably informed about status of matter and promptly comply with 

reasonable requests for information); Rule 1.5 (lawyer shall not charge or collect 

unreasonable fee); Rule 1.15 (lawyer shall deposit into client trust account 

unearned legal fees that have been paid in advance to be withdrawn by lawyer only 

as fees are earned; lawyer shall hold client's property in lawyer's possession in 

connection with representation separate from lawyer's own property; lawyer shall 

promptly deliver to client any funds client entitled to receive); Rule 1.16 (lawyer 

shall not commence representation and shall withdraw from representation if 

lawyer's physical or mental condition materially impairs lawyer's ability to 
 

represent client; upon termination of representation, lawyer shall take steps to 

extent reasonably practicable to protect client's interests, such as surrendering 

papers and property to which client entitled and refunding any advance payment of 

fee that has not been earned); Rule 3.2 (lawyer shall make reasonable efforts to 

expedite litigation consistent with interests of client); Rule 8.1(b) (in connection 

with disciplinary matter, lawyer shall not fail to respond to lawful demand for 

information from disciplinary authority); Rule 8.4(a) (it is professional misconduct 

for lawyer to violate Rules of Professional Conduct); Rule 8.4(d) (it is professional 

misconduct for lawyer to engage in conduct involving dishonesty, fraud, deceit or 

misrepresentation); and Rule 8.4(e) (it is professional misconduct for lawyer to 

engage in conduct prejudicial to administration of justice). In addition, respondent 

admits her misconduct constitutes grounds for discipline under the following Rules 

for Lawyer Disciplinary Enforcement, Rule 413, SCACR: Rule 7(a)(1) (it shall be 

ground for discipline for lawyer to violate Rules of Professional Conduct) and Rule 

7(a)(10) (it shall be ground for discipline for lawyer to willfully fail to comply with 

final decision the Resolution of Fee Disputes Board). 

Conclusion 

This Court accepts the Agreement for Discipline by Consent and suspends 

respondent from the practice of law in this state for two (2) years, not retroactively 

to the date of her transfer to incapacity inactive status. In addition, in the event she 

is reinstated to the practice of law,1

 this Court imposes the following conditions on 

respondent: 

1. respondent shall pay the costs incurred in the investigation and 

prosecution of this matter by ODC and the Commission on Lawyer 

Conduct (the Commission) within thirty (30) days of reinstatement; 

2. respondent shall complete the Legal Ethics and Practice Program Ethics 

School within nine (9) months of reinstatement; and 

3. within sixty (60) days of reinstatement, respondent shall execute a 

restitution agreement with the Commission for repayment as follows: 

$2,500 to Client B; $1,500 to Client C; $1,675 to Client E; $996.78 to 

1 For purposes of this opinion, reinstatement shall include respondent's 

reinstatement from this disciplinary suspension as provided by Rule 33, RLDE, 

and reinstatement from incapacity inactive status as provided by Rule 28, RLDE. 
 

 

Client F; $1,590 to Client G; $3,500 to Client I; $150 to Client J; $1,450 

to Client K; full repayment to the Lawyers' Fund for Client Protection 

(Lawyers' Fund) of amounts paid to any client referenced in the 

Agreement by the Lawyers' Fund;2

 and $544.80 to the Lawyers' Fund for 

its payment of the costs and fees incurred by the attorney appointed to 

protect the interests of respondent's former clients.3 

Within fifteen days of the date of this opinion, respondent shall file an affidavit 

with the Clerk of Court showing that she has complied with Rule 30 of Rule 413, 

SCACR. 

DEFINITE SUSPENSION. 

PLEICONES, C.J., BEATTY, KITTREDGE, HEARN and FEW, JJ., concur. 

2

 The amount due to any client listed in the restitution agreement shall be reduced 

by any amount paid to the client by the Lawyers' Fund. 

3 By order dated April 22, 2014, this Court relieved the attorney appointed to 

protect the interests of respondent's former clients, directed the Lawyers' Fund to 

reimburse the attorney for his costs and fees associated with his appointment, and 

ordered respondent to reimburse the Lawyers' Fund within thirty (30) days of its 

remittance to the attorney. Respondent has not repaid the Lawyers' Fund as 

required by this Court's order.