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COMMITTEE ON PRO. ETHICS & CONDUCT v. NADLER3/20/1991
asis for disciplinary action, Committee on Professional Ethics & Conduct v. Wright, 178 N.W.2d 749, 752 (Iowa 1970), incompetence is grounds for disciplinary action. There is a convincing preponderance of evidence of Nadler's neglect and indifference in handling legal work. We find the acts and conduct of Nadler, as charged in count I of the complaint, violated DR 6-101 and DR 6-102(A) as found by the commission and, in addition, violated EC 1-5 (requires high standards of professional conduct), EC 6-1 (requires competent and proper care in representing clients), EC 6-4 (requires adequate preparation for and appropriate attention to legal work), EC 9-2 (requires lawyers fully and promptly to inform clients of developments in matters being handled for the client), EC 9-6 (requires lawyers to uphold the integrity of the profession and to inspire confidence of clients and public), and DR 1-102(A) (prohibits lawyer misconduct). See also Annotations, Negligence, Inattention, or Professional Incompetence of Attorney in Handling Client's Affairs in Personal Injury or Property Damage Actions as Ground for Disciplinary Action — Modern Cases, 68 A.L.R.4th 694 (1989); Attorney's Conduct in Connection with Malpractice Claim Against Himself as Meriting Disciplinary Action, 14 A.L.R.4th 209 (1982). L. Gaudineer, Ethics and Malpractice, 26 Drake L.Rev. 88 (1976).
II. Denton Purchase.
After he secured a real estate license, Nadler was employed as a sales person for Peachtree Realty. Betty Graybill, the executor of the Herman Boike estate, listed a house with Peachtree Realty. Nadler located a prospective purchaser, Willie Denton, who offered to purchase the property on a monthly installment contract. This offer was rejected by the executor who wanted a cash sale. Nadler then contacted and acted as attorney for Robert Bird. Bird offered to purchase the property for $6000, which was $2000 less than the Denton offer, with an understanding that he would then sell Denton the property on installments as originally offered to the executor. Nadler did not advise the executor of his representation of the buyer.
We agree with the commission's conclusion that Nadler violated EC 9-2 (requires lawyers to avoid the appearance of professional impropriety). See Committee on Professional Ethics & Conduct v. Getscher, 356 N.W.2d 557, 559 (Iowa 1984).
III. Edwards Purchase.
As a realtor , Nadler handled a sale of land between Roger Kuhn, seller, and Kenny Edwards, purchaser. At the time of closing the sale in August of 1988, Nadler received a check for $310.15 made payable to the seller with the understanding that the check would be delivered when the seller completed the installation of a fence. In November of 1988, the buyer notified Nadler that the fence had been installed and that the check should be released to Kuhn. When the seller did not receive the check he contacted Nadler inquiring as to why it was not released to him. Calls were made in January and February of 1989 with no response from Nadler. In March, Nadler advised the seller that additional abstract expense in the sum of twenty-five dollars had been incurred to clear the title and that the check would be turned over to him when he received payment of one-half of the abstract expense of $12.50. The seller forwarded the check for the abstract expense which was received in the early part of March 1989. Nadler released the check on April 1, 1989. The commission concluded the check had been returned before the claim was filed and determined that there was insufficient evidence to support the violation charged. We agree.
IV. Failure to Respond.
Nadler received from the committee six letters adv
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