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Iowa Supreme Court Board of Professional Ethics and Conduct v. Sherman12/19/2001
On review of the report of the Grievance Commission.
Grievance Commission reports that respondent has committed ethical misconduct and recommends suspension of respondent's license to practice law. LICENSE SUSPENDED.
The Iowa Supreme Court Board of Professional Ethics and Conduct filed a complaint with our Grievance Commission against respondent, Robert M. Sherman. The complaint alleged that Sherman had violated several disciplinary rules centering on his alleged neglect of legal matters entrusted to him and his alleged failure to cooperate with the Board's investigation regarding these matters. The Commission recommended a thirty-day suspension of Sherman's license to practice law. In our de novo review, we agree that a suspension is appropriate, but suspend Sherman's license for a minimum of three months.
I. Background Facts and Proceedings.
On August 7, 1995, Gerald Davis was involved in an automobile accident. State Farm Insurance Company insured Jimmy Collins, the owner of the other vehicle, and Brent Erhardt, who was driving Collins's vehicle at the time. The company also insured Davis.
Sherman had successfully represented Davis's daughter in a personal injury accident. For that reason, Davis asked Sherman to represent him in connection with injuries he had suffered in his 1995 accident. At the time Davis sought out Sherman to represent him, State Farm had already compensated Davis for the property damage to his car. In addition, the company had already paid medical expenses Davis incurred because of his injuries-a cut on the nose, some blackening of the eyes, and a possible head injury. Pain and suffering was the only item of damages for which State Farm had not compensated Davis.
At the time of the accident, Davis was receiving social security benefits for a long-time heart condition. When Davis met with Sherman, he told the lawyer he was concerned that the accident might have worsened his heart condition. Davis's car had been rear-ended in the accident and knocked into a vehicle in front of him. Sherman agreed to represent Davis if the heart condition did worsen because of the accident. Otherwise he would not represent him because the suit was too small to handle.
Several months later, Davis called Sherman and told him-apparently for the first time-that during the accident his chest hit the steering wheel. During a later office visit, Davis told Sherman that he forgot to tell Sherman about his chest hitting the steering wheel but that he did tell the emergency doctor and his heart doctor. Sherman told Davis to continue treatment and see what "develops." Davis's condition deteriorated and he died on May 31, 1997.
Several weeks after Davis's death, his widow contacted Sherman to see what was going on with the case. Sherman explained the terms of his representation, but that did not satisfy Mrs. Davis, who accused Sherman of "not doing a good job of representing her husband." At that point, Sherman contacted Davis's heart doctor, who told Sherman there was no connection between the heart condition and the accident.
On June 16, Mrs. Davis faxed Sherman a letter, terminating his services and directing him to release her records to another attorney whom she had retained. According to Sherman, Mrs. Davis was in Sherman's office two weeks later pleading with Sherman to take back the case. Also according to Sherman, she admitted to him she had lied about retaining another attorney. Sherman agreed to take the case and opened the estate of Gerald Davis to prosecute the lawsuit against Collins and Erhardt. In the meantime, Mrs. Davis moved to Texas.
Sherman opened the estate on Augu
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