The Supreme Court of South Carolina
In the Matter of James Watson Smiley, IV, Petitioner.
Appellate Case No. 2022-000630
By opinion dated April 21, 2021, Petitioner was suspended from the practice of law in South Carolina for four months. See In re Smiley, 433 S.C. 253, 857 S.E.2d 894 (2021) (requiring Petitioner to appear before the Committee on Character and Fitness prior to being reinstated). Following a hearing, the Committee on Character and Fitness has filed a Report and Recommendation recommending the Court reinstate Petitioner to the practice of law.
We find Petitioner has met the requirements of Rule 32, RLDE, Rule 413, SCACR, and is eligible to be reinstated as a regular member of the South Carolina Bar. Therefore, we grant the petition for reinstatement upon the following conditions:
1. Within thirty days, Petitioner must enter into with a contract with a Law Office Monitor selected by Counsel to the Commission on Lawyer Conduct. Petitioner must comply with this contract for a minimum of one year, including timely payment of the Monitor's fee.
2. Petitioner shall ensure the Monitor files with the Commission on Lawyer Conduct monthly reports which detail Petitioner's cooperation and progress.
3. Within ninety days, Petitioner must enter into a reasonable payment plan to reimburse the Lawyers' Fund for Client Protection for all sums paid on Petitioner's behalf.
s/Donald W. Beatty C.J.
s/John W. Kittredge J.
s/Kaye G. Hearn J.
s/John Cannon Few J.
s/George C. James, Jr. J.
Columbia, South Carolina
February 8, 2023