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COMMITTEE ON PROFESSIONAL ETHICS v. HUMPHREY2/22/1995
The Committee on Professional Ethics and Conduct of the Iowa State Bar Association investigated lawyer Bryan J. Humphrey for the alleged neglect of three probate matters and a postconviction relief (PCR) matter. In the process, Humphrey allegedly failed to respond to (1) several orders from the state and federal courts on the PCR matter, and (2) numerous inquiries from the committee on all four matters.
The committee ultimately charged Humphrey with several violations of the Iowa Code of Professional Responsibility for Lawyers, all centering on the alleged neglect of legal matters entrusted to him and his alleged failure to cooperate with the committee's investigation of his handling of these legal matters.
The Grievance Commission recommended a suspension of Humphrey's license to practice law for thirty days. In our de novo review, we agree that suspension is appropriate but suspend Humphrey's license for a minimum of sixty days.
Humphrey has been licensed to practice law in Iowa since June of 1981. He is a sole practitioner in Fort Madison. He does mostly criminal, family, real estate , and personal injury work. Less than five percent of his work is devoted to probate matters. PCR [529 NW2d Page 256]
actions take between fifteen and twenty percent of his time.
Humphrey appeared pro se and testified before the commission. The record includes the complaint, the committee's request for admissions, numerous exhibits, and Humphrey's testimony. Humphrey did not respond to the committee's request for admissions, but admitted all allegations of the complaint at the commission hearing.
I. The Probate Matters.
The probate matters involve the Michael P. Kenel estate, the Woodrow W. Brown estate, and the Rosa A. Segovia estate. Humphrey opened all three of these estates as attorney for each personal representative in 1989. The Lee County clerk of court sent Humphrey delinquency notices on each estate on May 1, 1993. The notices were for Humphrey's failure to file (1) tax clearances, (2) final reports, and (3) orders closing the estates. According to the notices, Humphrey had sixty days to cure the delinquencies. His failure to do so would result in the clerk reporting the delinquencies to the State Court Administrator and the committee.
These notices were followed by district court orders on May 5, May 21, and June 4, demanding that Humphrey appear and explain why these estates — and two others he was handling — were not closed. On June 4, Humphrey told the court that the Kenel, Brown, and Segovia estates would be closed within two weeks. Two weeks passed, and the estates remained open.
On July 1, the clerk reported the delinquencies to the committee. On August 24, the committee sent Humphrey an initial notice of complaint about the delinquencies in the three estates. Humphrey did not respond.
On September 21, the committee sent Humphrey a second notice of complaint about the three estates. Again, he failed to respond. The committee's administrator sent Humphrey another letter on October 11, requesting an immediate response. Humphrey did nothing.
On December 30, Humphrey did obtain an order closing the Kenel estate. He received additional orders granting him an additional sixty days to close the Brown and Segovia estates. He did not close either estate within the additional time allotted.
In early April 1994, Judge R. David Fahey talked with Humphrey by phone about the probate delinquencies. The judge told Humphrey that his continuing delay about closing the Brown and Segovia estates was a serious matter, and he gave Humphrey the names of three local lawyers wh
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