S.E. 2d
THE STATE OF SOUTH CAROLINA
In The Supreme Court
In the Matter of William
H. Godbold, III, Respondent.
Opinion No. 25001
Submitted August 3,,1999 - Filed September 13, 1999
DISBARRED
William H. Godbold, III, of Rock Hill, pro se.
Attorney General Charles Molony Condon and
Senior Assistant Attorney General James G. Bogle,
both of Columbia, for the Office of Disciplinary
Counsel.
PER CURIAM: In this attorney disciplinary matter,
respondent and disciplinary counsel have entered into an agreement under
Rule 21, RLDE, Rule 413, SCACR. In the agreement, respondent admits
misconduct in the following matters and consents to be disbarred from the
practice of law1 We accept the agreement.
Daniel McDonald Matter
Respondent settled this matter for $50,000.00 on or about June
18, 1998. Respondent failed to disburse $14,200.10 of the settlement to
McDonald, a minor under the age of fourteen.
1 Respondent has been on interim suspension since April 28, 1999. In
the Matter of Godbold, S.C. Sup. Ct. Order dated April 28, 1999 (Shearouse
Adv. Sh. No. 16 at 29).
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In the Matter of William H. Godbold, III
Janet Cable Matter
Respondent settled this matter on or about December 13, 1996
for $20,000.00. Respondent prepared a disbursement sheet indicating
disbursements of $7,295.89 to Cable, $154.77 to Mr. Foster, $6,600.00 as an
attorney fee, and $5,949.34 to Jefferson Pilot Insurance. Respondent
actually made the following disbursements: $10,333.34 to Cable, $3,454.77 to
Mr. Foster, representing his half of the attorney fee plus costs, $3,300.00 to
himself. Although respondent negotiated the Jefferson Pilot claim to
$3,000.00, he failed to pay the claim. Of the original settlement, $2,911.89
has yet to be paid out.
During the Commission on Lawyer Conduct's investigation of
this matter, respondent replied to the Commission's initial inquiry but failed
to reply to its request for financial records, its second letter of inquiry, and
the Notice of Full Investigation.
Roger Rainey Matter
This matter settled for $18,51,00.00 on February 16, 1998. The
$2,985.00 bill of Rock Hill Chiropractic Works, one of Rainey's medical
providers, has not been paid.
Kalia McFadden Matter
This matter was settled for $3,218.12 on July 19, 1996. The
$1,500.00 bill of Kimbell Chiropractic Center, one of McFadden's medical
providers, has yet to be paid.
Doris Frederick Matter
This matter was settled through arbitration for $5,695.21 on
August 2, 1996; however, $1,499.00 in medical bills are still unpaid.
Erica Knox Matter
This matter was settled on August 5, 1997 for $2,000.00.
Hughes Chiropractic Center, one of Knox:'s medical providers, is owed
$750.00. Furthermore, no settlement statement was prepared in this
matter.
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In the Matter of William H. Godbold, III
Brandy Wilson Matter
This matter was settled on June 8, 1998 for $4,300.00; however,
the $1,443.00 bill of Beaver Chiropractic! Center, one of Wilson's medical
providers, has not been paid.
Cora Stallings Matter
This matter was settled on September 11, 1998 for $2,308.68.
The $1,100.00 bill owed to Beaver Chiropractic Center has yet to be paid.
Respondent failed to prepare a settlement statement in this case.
Angie and Candice Copeland Matter
This matter was settled for $1,000.00 on October 6, 1997. Of this
settlement, respondent paid his own fee, leaving unpaid funds to the
Copelands and/or medical bills of $666.66. In addition, respondent
acknowledges that Price, Smith, Hargett, Petho, & Anderson, a law firm in
Charlotte, North Carolina, associated him to try this case and that the firm
now claims that he failed to pay the firm its portion of fees and/or costs.
Respondent agrees to be bound by the decision of a panel of the Resolution of
Fee Disputes Board as to any fees and/or: costs due to the firm.
Daryal and Melissa, Phillips Matter
In 1977, a jury awarded the Phillips $2,293.00; however, an
outstanding medical bill to Carolina Chiropractic Center for $643.96 has yet
to be paid. In addition, respondent acknowledges that Price, Smith, Hargett,
Petho, & Anderson, a law firm in Charlotte, North Carolina, associated him
to try this case and that the firm now claims that he failed to pay the firm its
portion of fees and/or costs. Respondent: agrees to be bound by the decision
of a panel of the Resolution of Fee Disputes Board as to any fees and/or costs
due to the firm.
James Caldwell Matter
This matter was settled on October 7, 1998 for $4500.00. The
bills of the following medical providers have yet to be paid: $920.00 to Keith
Clinic of Chiropractic, $472.00 to Piedmont Medical Center; $128.00 to
Sterling Emergency Physicians, and $86.00 to Rock Hill Radiology
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In the Matter of William H. Godbold, III
Associates.
Dedrea Cook Matter
This matter was settled for $ 2,250.00 on May 5, 1998; however,
the $831.00 bill owed to Maxwell Chiropractic has not been paid.
David Caldwell Matter
This matter was settled on November 10, 1998 for $522.00, the
amount of Caldwell's doctor's bill. This money was to be paid directly to the
doctor; however, the doctor has not been paid. In addition, respondent
acknowledges that Price, Smith, Hargett, Petho, & Anderson, a law firm in
Charlotte, North Carolina, associated him to try this case and that the firm
now claims that he failed to pay the firm, its portion of fees and/or costs.
Respondent agrees to be bound by the decision of a panel of the Resolution of
Fee Disputes Board as to any fees and/or costs due to the firm.
Brook Moody Matter
This matter was settled for $10,000.00 in January 1998. The
bills of the following medical providers have not been paid: $2,045.00 to
Willis ChiroMed, $310.00 to Dr. Homer F. Gamble, $172.00 to Pee Dee
Emergency Physicians, $466.00 to Darlington Rehabilitation, $134.00 to
Florence County Emergency Medical Services, $97.00 to McLeod Regional
Medical Center, and $50.00 to Pee Dee Ear, Nose, Throat, and Facial Plastic
Surgery.
Margaret Drakeford Matter
This matter was settled for $2,500.00 in November 1998;
however, the $1,000.00 bill owed to A & W Chiropractic has not been paid.
In addition, respondent acknowledges that Price, Smith, Hargett, Petho, &
Anderson, a law firm in Charlotte, North Carolina, associated him to try this
case. and that the firm now claims that he failed to pay the firm its portion of
fees and/or costs. Respondent agrees to be bound by the decision of a panel
of the Resolution of Fee Disputes Board as to any fees and/or costs due to the
firm.
p.7
In the Matter of William H. Godbold, III
Eugene Robertson Matter
This matter was settled for $15,629.00 in June 1997. The bills of
the following medical providers have yet to be paid: $506.20 to Springs
Memorial Hospital, $285.00 to Carolina Orthopedic Surgery, $13.60 to
Lancaster Radiological Associates, and $,150.00 to Piedmont Medical Center.
Theodore Gordon Matter
This workers compensation matter was settled for $6,224.40 in
September 1997. On February 27, 1998, respondent paid Gordon $2,000.00
and told Gordon he would take his 25% fee and costs as well as pay Gordon's
loan to Guardian Fidelity Mortgage from the remainder. Respondent's fee
was never approved by the Workers Compensation Commission, and
respondent failed to pay Guardian Fidelity Mortgage.
Jamie McCarter Matter
This matter settled on or about March 4 1997 for $4,000.00.
Respondent deposited these funds into his trust account; however, these
funds were misappropriated by respondent. On September 10, 1997, he
wrote a check to McCarter from his operating account for $3,000.00.
Tony Emerson, Sr., Matter
In this matter, respondent failed to respond to two inquiry letters
and the Notice of Full Investigation from the Commission on Lawyer
Conduct.2
Alice Byrd Matter
Byrd, on behalf of Ray Schwartz and Associates, a court
reporting firm from Charleston, complained that respondent failed to pay his
outstanding bill. Respondent acknowledges that he failed to pay $704.56 for
eight transcripts and related fees.
2As part of this agreement, the Commission on Lawyer Conduct has
agreed to dismiss the complaint in the Emerson matter.
p.8
In the Matter of William H. Godbold, III
Beckham Matters
Respondent was associated by Michael Bednarik, a North
Carolina attorney, to try the following ca: es: Deborah Beckham v. Hervey
Beckham and Scott Beckham as Guardian Ad Litem for Brandy Beckham v.
Hervey Beckham. The jury returned a verdict for respondent's clients of
$1,008.19 in the first case and $12,500.00 in the second case. Respondent
deposited the funds into his trust account and disbursed funds to his clients;
however, he failed to disburse to Bednarik his portion of the attorney fee.
The amount of Bednarik's fee has yet to be determined, and respondent
agrees to submit the matter of Bednarik'5 fee to a panel of the Resolution of
Fee Disputes Board.
Andreanne Love Matter
This matter settled on or about September 30, 1998 for
$1,037.20. Respondent had Love sign the check but misappropriated the
funds. Respondent admits that Love has never received her portion of the
settlement.
State and Federal Taxes
Respondent admits he has failed to file state and federal income
tax returns since 1991. In addition, respondent has failed to pay some state
and federal employment taxes.
Trust Account: Violations
Respondent admits that he failed to maintain receipt and
disbursement journals for his trust account, wrote trust account checks
without identifying the purpose of each check, and had negative balances in
his trust account four times in 1997. Respondent also acknowledges that he
deposited checks from his trust account into his office operating account and
into his personal accounts as well as write checks from his trust account to
his wife and brother-in-law for personal purposes.
Conclusion
By his conduct, respondent has violated several of the Rules of
Professional Conduct, Rule 407, SCACR, including Rule 1.1 (competence);
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In the Matter of William H. Godbold, III
Rule 1.2 (scope of representation); Rule 1.3 (diligence); Rule 1.4
(communication); Rule 1.5 (fees); Rule 1.15 (safekeeping property); and Rule
8.4 (misconduct).
In addition, respondent has violated provisions of the Rules for
Lawyer Disciplinary Enforcement, Rule 413, SCACR, including Rule 7(a)(1)
(violation of the Rules of Professional Conduct); Rule 7(a)(3) (failure to
respond to a lawful demand of disciplinary counsel); Rule 7(a)(5) (engaging in
conduct tending to pollute the administration of justice or to bring the courts
of the legal profession into disrepute or conduct demonstrating an unfitness
to practice law); and Rule 7(a)(6) (violation of the oath of office taken upon
admission to practice law in South Carolina).
Finally, respondent violated Rule 417, SCACR, by failing to keep
receipt and disbursement journals for his trust account and writing checks
from his trust account without identifying the purpose of the checks.
Accordingly, we hereby disbar respondent, retroactive to the date
of his interim suspension. Within fifteen 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, RLDE, Rule 413, SCACR.
DISBARRED.
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