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South Carolina
JUDICIAL DEPARTMENT
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2012-12-07-03

The Supreme Court of South Carolina

In the Matter of W. Benjamin McClain, Jr., Petitioner.

Appellate Case No. 2012-209906


ORDER


On December 19, 2011, the Court definitely suspended petitioner from the practice of law for two years, retroactive to the date of his interim suspension, March 13, 2007.[1]  In the Matter of McClain, 395 S.C. 536, 719 S.E.2d 675 (2011).  Petitioner has now filed a Petition for Reinstatement.

The Committee on Character and Fitness issued a Report and Recommendation recommending petitioner's reinstatement, subject to certain conditions.  Neither petitioner nor the Office of Disciplinary Counsel filed exceptions to the Report and Recommendation.

Petitioner is reinstated to the practice of law subject to the following conditions:

1. for the next two (2) years, petitioner shall file quarterly monitoring reports from his psychiatrist with the Commission on Lawyer Conduct (the Commission);

2. for the next two (2) years, petitioner shall consult with a lawyer-mentor and the lawyer-mentor shall file quarterly monitoring reports with the Commission;[2] and

3. one (1) year from the date of this order, the Commission shall reassess petitioner's restitution agreement with the Lawyers' Fund for Client Protection.
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
December 7, 2012


[1] In the Matter of McClain, 372 S.C. 518, 643 S.E.2d 680 (2007).

[2] Petitioner and the Commission shall agree on the selection of the lawyer-mentor.  Petitioner shall consult with the lawyer-mentor on terms specified by the Commission.