In the Matter of Hammer
395 S.C. 385, 718 S.E.2d 442 (2011)
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Rule of Law:
An attorney's personal conduct leading to criminal charges, even if ultimately dismissed, combined with the abuse of legal procedures to harass a third party, constitutes conduct prejudicial to the administration of justice and demonstrates unfitness to practice law, warranting a definite suspension.
Facts:
- In 2005, respondent Hammer and his wife separated, leading to a contentious divorce in 2007.
- Between July 2007 and February 2008, Hammer was charged with criminal domestic violence, two counts of trespassing, second degree burglary, stalking, and simple assault involving his former wife and former sister-in-law.
- In 2010, after the criminal charges against him were dismissed, Hammer filed a lawsuit against the City of Columbia alleging false arrest.
- While representing himself, Hammer subpoenaed Witness A, a former neighbor who was not a witness to the events leading to his arrest but had supported Hammer's ex-wife during the divorce.
- Over the course of two days, Hammer deposed Witness A for over five hours.
- During the deposition, Hammer asked Witness A improper and harassing questions regarding his sexual orientation, HIV status, and whether he had Alzheimer's Disease.
- Hammer admitted that during the deposition he talked over Witness A and often did not allow him to finish answering questions.
Procedural Posture:
- Respondent Hammer was charged with multiple crimes, including criminal domestic violence and stalking.
- As a result of the arrests, the Supreme Court of South Carolina placed Hammer on interim suspension from the practice of law.
- Subsequently, a solicitor investigated and dismissed all criminal charges against Hammer with prejudice.
- Hammer then filed a pro se civil lawsuit against the City of Columbia for false arrest.
- The Office of Disciplinary Counsel (ODC) and Hammer entered into an Agreement for Discipline by Consent, in which Hammer admitted misconduct.
- The Agreement was submitted to the Supreme Court of South Carolina for review and final sanction.
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Issue:
Does an attorney's conduct, which includes facing multiple criminal charges stemming from a contentious divorce and subsequently conducting a harassing and improper deposition of a non-party witness, constitute professional misconduct warranting a definite suspension from the practice of law?
Opinions:
Majority - Per Curiam
Yes, such conduct constitutes professional misconduct warranting a definite suspension. The court found that the respondent's actions violated multiple Rules of Professional Conduct, including Rule 4.4(a), which prohibits using means that have no substantial purpose other than to embarrass or burden a third person, and Rule 8.4(e), which prohibits conduct prejudicial to the administration of justice. The court was particularly troubled by the deposition misconduct, which occurred while the respondent was already on interim suspension, as it demonstrated a profound lack of judgment. The court also expressed deep concern about the respondent's emotional state, his obsession with his reputation and ex-wife, and his failure to accept responsibility, concluding these factors demonstrated an unfitness to practice law and necessitated psychological counseling in addition to a six-month suspension.
Analysis:
This case illustrates that an attorney's ethical obligations extend beyond client representation and into personal conduct and self-representation. It establishes that even dismissed criminal charges can be a basis for discipline if the underlying conduct brings the legal profession into disrepute. Furthermore, the decision strongly condemns the use of discovery tools, such as depositions, as weapons for personal vendettas, reinforcing that legal processes must not be abused to harass or intimidate third parties. The court's imposition of mandatory counseling highlights a focus on rehabilitation and addressing the root causes of misconduct to protect the public and the integrity of the profession.
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