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2011-04-07-01

The Supreme Court of South Carolina

In the Matter of Joseph W. Ginn, III,, Petitioner.

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ORDER

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On August 9, 2010, petitioner was suspended from the practice of law for nine months, retroactive to the date of his interim suspension,[1] with certain conditions.[2]  In the Matter of Ginn, 388 S.C. 436, 697 S.E.2d 572 (2010).  On August 13, 2010, petitioner filed a petition for reinstatement.  The petition was referred to the Committee on Character and Fitness pursuant to Rule 33(d), RLDE, Rule 413, SCACR.  A hearing was held before the Committee on December 3, 2010.  The Committee has issued a Report and Recommendation in which it concludes petitioner "is of such moral character to practice law in South Carolina."  The Committee recommends petitioner be required to adhere to the post-reinstatement conditions set forth in this Court's opinion suspending petitioner and in footnote 2 above.  No exceptions were filed following the issuance of the Report and Recommendation.  We grant the petition, subject to the post-reinstatement conditions, and reinstate petitioner to the practice of law in South Carolina.

IT IS SO ORDERED.

s/Jean H. Toal                                    C.J. s/Costa M. Pleicones                        J. s/Donald W. Beatty                            J. s/John W. Kittredge                           J. s/Kaye G. Hearn                                 J.

Columbia, South Carolina
April 7, 2011

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[1] By order dated October 1, 2009, respondent was placed on interim suspension.  In the Matter of Ginn, 385 S.C. 240, 684 S.E.2d 176 (2009). 

[2] Petitioner was required to complete the Trust Account School and Ethics School portions of the South Carolina Bar's Legal Ethics and Practice Program within one year of the date of the Court's opinion, which he has done.  Following reinstatement, petitioner must renew his monitoring contract with Lawyers Helping Lawyers for two years from the date of reinstatement  and on a quarterly basis file with the Commission on Lawyer Conduct (1) an affidavit confirming his compliance with the monitoring contract and a statement from his monitor confirming his compliance with the contract; (2) a statement from his primary treating physician setting forth his diagnosis, treatment plan, compliance, and prognosis; and (3) copies of his law office bank statements, checks, records of deposits, monthly reconciliations, and a statement from his compliance that he is in compliance with Rule 417, SCACR.