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COMMITTEE ON PRO. ETHICS & CONDUCT v. NADLER3/20/1991
In May 1990, the Committee on Professional Ethics and Conduct of the Iowa State Bar Association (committee) charged Isadore Nadler with three counts of unethical and unprofessional conduct. Following hearing, a division of the Grievance Commission of the Supreme Court of Iowa (commission) found Nadler had violated provisions of the Iowa Code of Professional Responsibility for Lawyers. The commission recommended Nadler's license to practice law be suspended for a period of three years.
We review de novo the commission's findings, conclusions and recommendations. Iowa Sup. Ct. R. 118.11. The committee has the burden of proving the violations as charged by a convincing preponderance of the evidence. Committee on Professional Ethics & Conduct v. Seff, 457 N.W.2d 924, 925 (Iowa 1990).
Isadore Nadler was admitted to practice law in Iowa in 1950. He maintained a law practice in Waterloo, Iowa, from 1953 until his license was suspended by us in August of 1989. He also secured a real estate license in 1989.
I. Greer Matter.
The commission found Nadler violated DR 6-101 (failure to act competently) in his handling of a legal matter entrusted to him. The commission also found he violated DR 6-102 (attempt to limit liability to client) when he offered to pay his clients the sum of $1900 after discovering the statute of limitations had run out on the personal injury claim he was handling.
David Greer, Jr., a seventeen-year-old high school senior, was injured in a collision on February 8, 1985. He was a passenger on a school bus that was struck by an automobile driven by Leland Sommerfelt and owned by Ronald Sommerfelt. David's mother retained Nadler to represent David and his parents in connection with their claims against the Waterloo Independent School District and the Sommerfelts.
Nadler secured a patient's waiver and obtained medical records relating to David's injuries. He contacted the insurance carriers of both the school district and the Sommerfelts advising them of his employment as legal counsel for the Greers.
In January of 1986, Nadler obtained a partial settlement of his clients' claims. The school district insurance carrier paid $2000 to David and his parents for a covenant not to sue and a limited release. Nadler retained $500 as legal fees and $100 as advance costs from the cash settlement. He told the Greers he was going to bring suit against the Sommerfelts.
The two-year statute of limitations ran on the personal injury claims without Nadler having filed suit. In March 1987, the Greers contacted Nadler to find out what was going on. Nadler told them the lawsuit had not been filed and that the statute of limitations had run. Nadler offered to pay the Greers the sum of $1900, this being the amount he considered their claim was worth less his one-third contingent fee and less $100 for expenses advanced. The offer was not accepted. Rather, the Greers [467 NW2d Page 252]
brought an action for legal malpractice against Nadler. The action was tried to the court, and on November 8, 1988, the court entered judgment against Nadler for $35,500 ($35,000 for David and $500 for his parents). The judgment has not been satisfied. The Greers have foreclosed on two parcels of real estate and garnished attorney fees to secure partial satisfaction of the judgment.
Based on these facts, the commission found Nadler had violated two disciplinary rules. In addition to the transcript of the proceedings before the commission, we review the exhibits offered and received at the hearing. Here, a transcript of the evidence in the legal malpractice action was received as an exhibit. In our de novo rev
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