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COMMITTEE ON PRO. ETHICS & CONDUCT v. NADLER3/20/1991
iew, we agree with the commission's findings but make additional findings and conclusions.
Although Nadler, in September of 1985, secured from Dr. Crouse, an orthopedic specialist, a written medical evaluation suggesting David had no long-term disability, Nadler was aware David continued to have back and knee problems after the evaluation. After securing the partial settlement in January of 1986, Nadler suggested David get a second opinion from Dr. Delbridge, an orthopedic surgeon. On April 25, 1986, Greer was examined by Dr. Delbridge. Greer continued to experience back and knee problems. He was again seen by Dr. Delbridge on December 24, 1986. In the opinion of Dr. Delbridge, Greer's injury to his back and knee would continue, and he would have future pain and problems. In his opinion, these injuries were related to the accident on February 8, 1985. Although he was aware of Dr. Delbridge's examination of his client, Nadler did not talk to the surgeon or secure a written report from him.
In August and October of 1986 the claims representative of Sommerfelt's insurance carrier wrote letters to Nadler requesting the opportunity to sit down and discuss possible settlement of the Greers' claim and also requesting Nadler furnish an update of the medical condition of his client. Nadler did not respond to these requests.
Although Nadler advised Greers of his failure to timely file suit, he did not alert them of their possible malpractice claim nor did he advise them to seek the advice of another attorney. Contrary to Nadler's explanation, we do not find his offer of $1900 was intended as a gift.
Nadler acted pro se in defense of the legal malpractice suit. The district court found Nadler's handling of the Greers' legal matter was negligent in (1) attempting to negotiate a settlement of the claim without having appropriate medical information upon which to value the claim, (2) attempting to negotiate a settlement at a level that was not authorized by his clients, and (3) allowing the statute of limitations to run without filing a suit.
The court also found Nadler displayed the same lack of professional care and competence in defending the legal malpractice case as he did in representing the Greers. He failed to respond to requests for admissions. He responded untimely and improperly to the plaintiffs' motion for partial summary judgment. He filed an untimely request to designate additional expert witnesses. He was late for the beginning of the trial, and he was late in returning from several recesses during the trial. After the completion of the plaintiffs' case, Nadler's request for a recess was granted. However, Nadler failed to return to court following the recess, and the trial was completed in Nadler's absence with no additional evidence presented on his behalf. No appeal was taken from the district court judgment.
While the legal malpractice action was pending, Nadler conveyed two parcels of real estate to his wife without consideration. On November 10, 1988, one day after judgment was entered, the Greers filed an action to set aside the Nadler conveyance as fraudulent. Following hearing, the court on February 21, 1989, granted the Greers' motion for summary judgment and set aside the Nadler deed. No appeal was taken. Nadler acknowledged he "goofed" by not preparing a proper resistance to the [467 NW2d Page 253]
motion for summary judgment. The two parcels of real estate held by Nadler were sold at sheriff's sale, and the proceeds of approximately $22,000 were applied as partial satisfaction of the judgment.
While an honest mistake made by a lawyer in handling a client's legal matter does not ordinarily afford a b
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