There’s a difference between fighting for your client’s money and your client’s money. The former is just your standard zealous representation. The latter is an easy way to lose your license. There are a bunch of rules when it comes to taking money from your clients. There’s the obvious don’t comingle client funds and firm funds, but there are also some rules for things that — while not written down — most people would agree aren’t in good form. For example, if you are stealing from your clients, don’t then take them to court to enforce your theft. That’s the sort of thing that creates a paper trail and gets you shamed in an Above the Law article. Case in point: Candy Kern. Post and Courier has the story:
The former managing partner of an Easley-based law firm who defrauded veterans and retirees of more than $31 million for nearly a decade — and took them to court when they realized they were being bilked and refused to pay — is now banned from practicing law in South Carolina.
The state Supreme Court unanimously agreed to disbar 55-year-old Anderson resident Candy Kern for her “egregious misconduct” in an opinion released June 20.
Kern pleaded guilty last April and was sentenced in August to five years probation and about a year and a half of home detention, according to the opinion.
In what world should stealing $30m+ from elderly clients who trusted you adequately be punished by five years of probation? There’s a pretty high-profile case of a guy who got much worse over trying to buy cigarettes with a counterfeit $20. Right now, carrying an ounce of weed in South Carolina can get you five years. That’s not five years probation, that’s five years imprisonment. Kern also has to pay a $560k fine on top of some of the money she stole, but that’s a far cry from justice.
On the bright(?) side, her disbarment was because of a multimillion-dollar scam than ran for nearly a decade — way better than throwing it all away for $5k. If you’re gonna shame the profession and the good name of your firm, might as well go big.
Upstate SC Lawyer Who Stole $31M From Veterans And Retirees Disbarred From Law Practice [Post and Courier]
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s. He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.
