The Supreme Court of South Carolina

In the Matter of Richard G. Wern, Respondent.

Appellate Case No. 2013-002314

ORDER

By order dated November 6, 2013, the Court placed respondent on interim suspension and appointed the Receiver, Gretchen B. Gleason, to protect the interests of his clients.  In the Matter of Wern, S.C. Sup. Ct. Order dated November 6, 2013 (Shearouse Adv. Sh. No. 48 at 30).  By order dated December 6, 2013, the Court determined Catherine F. Juhas, Esquire, a lawyer who practiced with respondent prior to his interim suspension, is capable of and shall be responsible for the representation of respondent's clients, and granted the Commission on Lawyer Conduct's Motion to Terminate the Order of Receivership.

Respondent has filed a Motion for Reconsideration asking the Court to lift his interim suspension.  The Court lifts respondent's interim suspension on the following conditions:

(1)  Respondent shall have no access to or control over the law firm's trust or operating accounts.  

(2)  Ms. Juhas shall be responsible for ensuring that all of the requirements of Rule 417 of the South Carolina Appellate Court Rules are complied with in a timely manner.  Ms. Juhas shall file a monthly report with the Office of Disciplinary Counsel verifying compliance with the requirements of Rule 417, and stating the results of the required reconciliations.  The report for each calendar month shall be provided to the Office of Disciplinary Counsel no later than the fifteenth of the following month.  The first report shall be due January 15, 2014.   In the event this report is not timely made, respondent will again be placed on interim suspension by this Court.

(3)  On request, Ms. Juhas shall promptly provide the Office of Disciplinary Counsel with copies of any financial records relating to the trust or operating accounts.

Columbia, South Carolina
December 23, 2013