SC - Paul Murdaugh, 22 and mom Margaret, 52, found shot to death, Islandton, 7 June 2021 #5

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I"m not sure I would trust this firm to differentiate between "firm" money and "client" money at this point.

Well done IMO of the SC Supreme court - amazing that the courts may act swiftly at times.
JMO
Client trust accounts are very different from firm operating accounts. Trust accounts have strict rules. If a partner or employee was taking money from a trust account, and the firm or another partner learned of this, I can't imagine they wouldn't immediately take action. That can bring down an entire firm quickly. But I am sure there are lots of clients contacting the firm today to check on their funds.
As for the suspension, this would have almost certainly been initiated by the Bar Association bar counsel and brought to the Sup Ct. Emergency suspensions are not common , but not really uncommon either. I believe AM consented to the suspension so that makes it simple. I am guessing there is a long complicated story here.
 
BBM
Griffin said there were entry and exit wounds from the bullet, and he described the injury as significant.


Only if I was allowed to stick my finger through the holes would I believe this!

I would have thought the same thing except my cousin attempted to suicide back in the 80's - clear through & through with minimal damage - he spent less than a week in the hospital. He is mostly deaf in one ear, but that's it. He put the gun in his mouth, missed his airway and the bullet exited somewhere above and behind his ear. Crazy, but true.
 
Client trust accounts are very different from firm operating accounts. Trust accounts have strict rules. If a partner or employee was taking money from a trust account, and the firm or another partner learned of this, I can't imagine they wouldn't immediately take action. That can bring down an entire firm quickly. But I am sure there are lots of clients contacting the firm today to check on their funds.
As for the suspension, this would have almost certainly been initiated by the Bar Association bar counsel and brought to the Sup Ct. Emergency suspensions are not common , but not really uncommon either. I believe AM consented to the suspension so that makes it simple. I am guessing there is a long complicated story here.
yes they are and in my state there is zero oversight on the Trust accounts - it is up to the firm to follow those rules. I just wonder what kind of accounting this particular firm had and what checks and balances were in place if any? If it's true that millions are missing - wow. I've been following another disbarred lawyer who has is accused of misappropriating funds in CA and it's just shocking how long it appears to have gone on.
Tom Girardi's Firm Owes Money to Up to 'Hundreds of Clients,' Employees
 
There are, but I'm meaning is there a firm in SC that would go against them and take it on? I hope so.
I'm sure there are. There are always firms that will take legal malpractice cases. Even an out of state firm could pro hac vice in to S.C. to handle it. I'm sure finding an attorney to go after AM and the firm wont be a problem.
 
yes they are and in my state there is zero oversight on the Trust accounts - it is up to the firm to follow those rules. I just wonder what kind of accounting this particular firm had and what checks and balances were in place if any? If it's true that millions are missing - wow. I've been following another disbarred lawyer who has is accused of misappropriating funds in CA and it's just shocking how long it appears to have gone on.
Tom Girardi's Firm Owes Money to Up to 'Hundreds of Clients,' Employees
Typically there is no direct outside oversight of a firm's trust or IOLTA accounts. That is confidential. Although malpractice carriers will require some info. Stealing from a trust account happens, no doubt. But it will always eventually come to the surface because its just a ponzi scheme at that point and eventually some client is going to want their money and it wont be there. Additionally, a book keeper is either in on it or will very quickly detect the missing money. An attorney that is aware of something like this is required to report it to the bar. It can get ugly. Michael Avenatti was stealing client money as well. Lots of it. It always amazes me that lawyers do that. It is ALWAYS going to be discovered eventually.
 
IMHO the Supreme Court acted appropriately and in a timely manner with the interim suspension.
I agree that the SC's actions are inherently justified and also agree that they acted very timely.

What could be unusual, however, is not the suspension per se, but rather just how fast the wheels turned. Likewise, they turned with out giving the the clan their customary benefit of the doubt(s). At the end of the day, the statute says "substantial threat" and not say, "articulable threat".

Oviedo raised the possibility that despite statements to the contrary, the embezzled money was due clients (taken very seriously, nd thus warranting "fast and furious" action).

Or, perhaps the Court is getting tired of the drama and views it as a threat to public confidence in attorneys and by extension, the Courts? Thus, remove AM as a practicing attorney via a suspension?
 
Isn’t there malpractice laws regarding attorneys? I don’t know but it seems like most victims of fraud are lucky to get pennies on the dollar if anything at all.
If money was taken from a client's trust account, that would probably not be "legal malpractice", but rather theft/fraud. I think all states have client protection funds that compensate clients in these situations. Not sure what percentage of the alleged theft they can cover. Here is South Carolina's: Lawyers' Fund for Client Protection Program | South Carolina Bar
Again, we don't know if any client money was taken here.
 
If money was taken from a client's trust account, that would not be legal malpractice, but rather theft/fraud. I think all states have client protection funds that compensate clients in these situations. Not sure what percentage of the alleged theft they can cover. Here is South Carolina's: Lawyers' Fund for Client Protection Program | South Carolina Bar
Again, we don't know if any client money was taken here.
I suppose it may vary, but an attorney's theft of client funds from the trust account would be covered under our malpractice policy. At least partially.
 
Typically there is no direct outside oversight of a firm's trust or IOLTA accounts. That is confidential. Although malpractice carriers will require some info. Stealing from a trust account happens, no doubt. But it will always eventually come to the surface because its just a ponzi scheme at that point and eventually some client is going to want their money and it wont be there. Additionally, a book keeper is either in on it or will very quickly detect the missing money. An attorney that is aware of something like this is required to report it to the bar. It can get ugly. Michael Avenatti was stealing client money as well. Lots of it. It always amazes me that lawyers do that. It is ALWAYS going to be discovered eventually.

I paid close attention to the Avenatti wire fraud trial and it just floored me that he thought he would get away with it. But from what I saw with that one, it won't surprise me in the least if we see client trust accounts having been swiped from in this case.

If millions are gone, and it was only from diverted attorney fees, I sincerely don't think the other attorneys would have tolerated it for very long. While some may have been skimmed from them, my thinking is the bulk was from clients trusts.

mooo
 
I suppose it may vary, but an attorney's theft of client funds from the trust account would be covered under our malpractice policy. At least partially.
Ok. I was thinking about it from the client's perspective -- I didn't think the client would be suing for malpractice, but rather for stolen money. I guess it doesn't matter what you call it, as long as there is a viable cause of action. That's interesting about the firm's insurance. I thought intentional/illegal acts by the insured's principals usually are not covered by insurance policies. JMO.
 
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Is there a media thread for this case? I am trying to find the reference to the Murdaugh attendance at the USC game upthread that mentioned AM and MM were not speaking to each other but cannot find it. I cannot find who posted it but stated it was a People article.

found the media thread on post #1 duh
SC - Paul Murdaugh,22 & Mom Margaret,52, 7 June 2021 *Media, Maps, Timeline-NO DISCUSSION*

Post #427 by @WonderMore, in answer to your question regarding the mention of People Magazine and attendance at a USC game.

It was a paper copy of the magazine. My mother in law had it, and I read it. I do not have the magazine in my possession, though. I bet someone on Web sleuths has a copy and knows the issue.
 
RSBM for focus.

AM's statement admitted to a long-standing addiction battle that affects his decision-making. IMO, he cannot represent any clients at this time without risking serious harm to the public and the administration of justice (one could argue that harm to the administration of justice constitutes harm to the public). IMHO the Supreme Court acted appropriately and in a timely manner with the interim suspension.

Agree. He took an oath, was a fiduciary.

And AM hasn’t been terminated, just suspended. If he’s proven innocent, he could be reinstated.
 
I know that some addicts hide it well,.are high functioning and it might be easier to disguise an opioid addiction as opposed to an say, alcoholic, for example, but as AM himself said in his statement, this has been a long battle. Also these brothers work together and appear to be very, very close. So it's hard to believe he had NO idea. Possible, but in this case I take every statement with a grain of salt.

so agree.
i was "shocked" at Randolph even making that statement.
 
so agree.
i was "shocked" at Randolph even making that statement.
I think he had to. He's been front and center re the murders 1).on national t.v. with another non lawyer brother attesting to AM's rock solid alibi....namely that AM was at the hospital with their father at the time of the murders.(This has not been confirmed by SLED 2.)RM was also front and center at the murder crime scene the next day. He was the one that located MM's phone through an app on his phone.
 
Of course, my assumption of there being another woman could be erroneous.

You mentioned being 53yo and chubby as a possible reason why he wasn't involved with someone else. Did I mention in my examples that the multi-millionaire smells like a barn and was age 63 when their affair began? His lover, who was married to the CEO, is 20 years younger. She's quite attractive but by golly I can't respect a married woman who takes another's husband, even if he does smell like a barn.

Perhaps his marriage was in shambles because he was in love with someone else. This is pure speculation on my part.

Bbm

I think this is the tagline for the dating website for Farmers ("Smells like barn!").

(sorry this is not on topic but Smells like a barn made me chuckle)
 
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