THE STATE OF SOUTH CAROLINA 

In The Supreme Court 

In the Matter of James R. Jones, II, Respondent. 

Appellate Case No. 2015-000535 

Opinion No. 27544 

Submitted June 16, 2015 – Filed July 8, 2015 

DISBARRED 

Lesley M. Coggiola, Disciplinary Counsel, and C. Tex 

Davis, Jr., Senior Assistant Disciplinary Counsel, both of 

Columbia, for Office of Disciplinary Counsel. 

Desa Ballard, of Ballard & Watson, of West Columbia, 

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 any sanction in Rule 7(b), RLDE. He requests that the sanction 

be imposed retroactively to November 27, 2007, the date of his interim suspension. 

In the Matter of Jones, 375 S.C. 493, 654 S.E.2d 271 (2007). Respondent further 

agrees to enter into a restitution plan with the Commission on Lawyer Conduct (the 

Commission) to repay persons and entities harmed as a result of his misconduct. 

Finally, in the event he is reinstated to the practice of law, respondent agrees to 

complete the Legal Ethics and Practice Program Ethics School and Trust Account 

School with twelve (12) months of the date of his reinstatement. We accept the 

Agreement and disbar respondent from the practice of law in this state, not 

retroactively to the date of his interim suspension. Further, within thirty (30) days 

of the date of this order, respondent shall enter into a restitution plan with the 

Commission to pay restitution as directed hereafter in this opinion. Finally, in the 
event he is reinstated to the practice of law, respondent shall complete the Legal 

Ethics and Practice Program Ethics School and Trust Account School no later than 

twelve (12) months from the date of his reinstatement. The facts, as set forth in the 

Agreement, are as follows. 

Facts 

Matter I 

On March 29, 2007, respondent took possession of $1,400,000 for Complainant A 

from the sale of property in Horry County. Respondent agreed to hold the 

proceeds from the transaction in trust on behalf of Bogey Exchange Company, 

Inc., which was created by respondent to act as a Qualified Intermediary. 

In June 2007, respondent issued a check from the Bogey Exchange Company trust 

account to Complainant A's sister that was returned for insufficient funds. Within 

approximately fourteen (14) days, respondent made the check good. After June 

2007, respondent failed to return repeated messages from Complainant A regarding 

the monies in the trust account. 

On November 7, 2007, respondent issued two checks for $158,721.58 and 

$135,000 from the Bogey Exchange Company trust account made payable to 

Complainant A. Before depositing the checks, Complainant A was able to verify 

with the bank that there were insufficient funds in the Bogey Exchange Company 

account to cover the checks. Respondent admitted to Complainant A that he could 

not account for the missing funds that he was holding in trust. 

Matter II 

In May 2005, respondent took possession of monies belonging to Complainant B 

and agreed to hold the monies in trust. Respondent placed the monies into a trust 

account styled as "Complainant B Trust." The Complainant B Trust held 

$1,300,000 at the time respondent created the trust. 

On November 28, 2007, respondent closed the account. Respondent failed to 

return several calls from Complainant B seeking information relating to the 

monies, as well as copies of bank statements and other financial information 

relating to the Trust. Respondent admits he cannot account for the missing funds 

placed in Complainant B's Trust. 
Matter III 

At some point after the death of Jane Doe in June 2005, respondent was appointed 

as co-personal representative with James S. Pope, Esquire. An agreement was 

reached between respondent and Mr. Pope that respondent would handle the legal 

and tax work for the Estate of Jane Doe. 

In January 2007, respondent took possession of two checks in the total amount of 

$13,002.00 from a payor on behalf of the Estate of Jane Doe. Respondent opened 

an estate account with a bank shortly after receiving the two checks and deposited 

the entire amount into the account. Respondent admits he cannot account for the 

Estate of Jane Doe's funds. 

Law 

Respondent admits that by his conduct he has violated the following provisions of 

the Rules of Professional Conduct, Rule 407, SCACR: Rule 1.4 (lawyer shall 

provide prompt communication to client and promptly comply with reasonable 

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

fee or amount for expenses); and Rule 1.15 (lawyer shall safekeep client funds; 

lawyer shall promptly deliver to client or third person any funds or other property 

that client or third person entitled to receive; upon request by client, lawyer shall 

promptly render full accounting regarding client's funds). Respondent further 

admits he has violated the provisions of Rule 417, SCACR. 

Respondent also admits he has violated 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). 

Conclusion 

We accept the Agreement for Discipline by Consent and disbar respondent from 

the practice of law in this state. The disbarment shall not be made retroactive to 

the date of respondent's interim suspension. Within thirty (30) days of the date of 

this order, respondent shall enter into a restitution plan with the Commission to pay 

restitution to the following persons and entity: Complainant A - $1,400,000; 

Complainant B - $1,300,000; and the Estate of Jane Doe - $13,002. Payments may 

be offset by any amount paid by respondent's malpractice carrier and the Lawyers' 

Fund for Client Protection (Lawyers' Fund) and any amounts previously paid by 

respondent. Respondent shall fully reimburse the Lawyers' Fund for all claims 
paid on his behalf as required by Rule 411(c)(2), SCACR, prior to his 

reinstatement to the practice of law. In the event he is reinstated to the practice of 

law, respondent shall complete the Legal Ethics and Practice Program Ethics 

School and Trust Account School no later than twelve (12) months from the date 

of his reinstatement. Within fifteen (15) days of the date of this opinion, 

respondent shall file an affidavit with the Clerk of Court showing that he has 

complied with Rule 30 of Rule 413, SCACR, and shall also surrender his 

Certificate of Admission to the Practice of Law to the Clerk of Court. 

DISBARRED. 

TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., 

concur.