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Problems in Legal Ethics Keyed to Schwartz, 14th Ed.
In the Matter of Hammer
Citation:
395 S.C. 385, 718 S.E.2d 442 (2011)Facts
In 2005, Howard Hammer and his wife separated, leading to a contentious divorce in 2007. Between July 2007 and February 2008, Hammer was charged with multiple criminal offenses including criminal domestic violence, trespassing, burglary, stalking, and assault, involving his former wife and former sister-in-law. These charges led to his interim suspension from practicing law. All charges were eventually dismissed with prejudice after the solicitor determined they did not rise to the level of criminal wrongdoing. In 2010, Hammer filed a pro se lawsuit against the City of Columbia alleging false arrest. During this litigation, he subpoenaed three former neighbors who had supported his ex-wife during divorce proceedings, including one identified as Witness A. During a five-hour deposition of Witness A, Hammer asked inappropriate questions about the witness’s sexual orientation, HIV status, and whether he had Alzheimer’s disease, while also talking over the witness and not allowing him to complete answers.
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