Attorney III

Overview

The South Carolina Judicial Branch (SCJB) is seeking a highly experienced Attorney III to join the Office of Disciplinary Counsel (ODC). Under limited supervision and direction of Disciplinary Counsel, work to preserve the integrity of the South Carolina judicial system and the confidence of the public in the administration of justice, by screening and investigating allegations of ethical misconduct and incapacity of judges and lawyers, prosecuting formal charges and other duties as assigned.

• Receive complaints regarding alleged ethical misconduct by a lawyer or judge; screen complaints by assessing whether, if true, the complaint alleges conduct in violation of the ethical rules; dismiss complaints that do not meet the threshold of possible viable misconduct.
• Investigate potential complaints that meet the threshold by issuing notices of investigation, obtaining and reviewing responses, considering submissions from complainants or respondents, interviewing witnesses, and collecting evidence, including documents or oaths where beneficial; dismiss complaints when misconduct cannot be established by clear and convincing evidence.
• Recommend to Disciplinary Counsel the issuance of letters of caution; refer complaints to other agencies when appropriate, including law enforcement for criminal activity or the State Ethics Commission for public servants.
• Notify complainants about dispositions of complaints and, where appropriate, seek review by a Panel of the Commission on Lawyer or Judicial Conduct; make recommendations on disposition after investigation (e.g., dismissal, letter of caution, private admonition, or sanction to be entered by the Supreme Court).
• Negotiate and draft discipline agreements; file formal charges as directed; obtain and review responses from the subject; prosecute formal charges, including limited discovery and related procedures (e.g., initial disclosures, depositions, pre-hearing disclosures, exculpatory evidence, and related document handling).
• Participate in pre-hearing conferences regarding evidentiary issues and proceeding strategy; prepare for hearings by reviewing case files, preparing exhibits, subpoenaing witnesses, performing legal research, and drafting opening statements and closing arguments.
• Present at hearings, call and cross-examine witnesses, draft and submit Panel Reports, and file briefs with the Supreme Court; prepare exceptions to Panel Reports and respond to Respondent’s exceptions with supporting legal research and briefs.
• Attend and participate in oral arguments before the Supreme Court, review the Court’s opinion, and determine whether to seek rehearing; draft petitions for interim suspension when there is risk of harm to the public.
• Represent the Office of Disciplinary Counsel in proceedings related to reinstatement or readmission before the Committee on Character and Fitness; prepare Deferred Discipline Agreements for consideration by the Commissions on Judicial or Lawyer Conduct; seek authorization to file formal charges when appropriate; prepare charges, conduct discovery and hearings, and prepare Panel Reports and Supreme Court petitions as required.
• Maintain accurate and updated notes in Time Matters; attend regular office meetings regarding case status and diversions; direct investigators and coordinate with Disciplinary Counsel and Deputy Disciplinary Counsel; collaborate with staff and a diverse range of individuals.
• Represent the Office in CLE programs, law schools, bar associations, committees, and other professional forums, including preparation of materials and presentations as needed.
• Perform all other duties as assigned.

• Law degree from an American Bar Association accredited law school and admission to or eligibility for admission to the practice of law in South Carolina.
• Five years of actual experience practicing law.
• Familiarity with the South Carolina Rules of Professional Conduct and their application to everyday practice, including understanding law office management issues.
• Excellent computer skills and proficiency in Microsoft Office Suite; proficiency in electronic case management.
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