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COMMITTEE ON PRO. ETHICS & CONDUCT v. NADLER3/20/1991
ising him that the committee had [467 NW2d Page 254]
received complaints regarding three separate matters that later were identified in the three counts of the complaint filed with the commission. The notices were received by Nadler between November 1988 and May 1989. They advised him that his failure to respond could result in a separate complaint. The commission found Nadler's failure to respond was misconduct, citing Committee on Professional Ethics & Conduct v. Stienstra, 390 N.W.2d 135 (Iowa 1986).
We find the failure to cooperate and to answer inquiries from the committee violates EC 1-4 (requires lawyers to assist committee having responsibility for administration of disciplinary rules). Committee on Professional Ethics & Conduct v. Ramey, 424 N.W.2d 435, 436 (Iowa 1988); DR 1-102(A)(1) (prohibits violation of disciplinary rule), DR 1-102(A)(5) (prohibits conduct prejudicial to the administration of justice) and DR 1-102(A)(6) (prohibits any other conduct that adversely reflects on the fitness to practice law). See Committee on Professional Ethics & Conduct v. Wenger, 454 N.W.2d 367, 368 (Iowa 1990). An attorney commits a separate ethical violation by failing to answer the committee's request for a reply. Committee on Professional Ethics & Conduct v. Horn, 379 N.W.2d 6, 8 (Iowa 1985). See also Annotation, Failure to Co-operate with or Obey Disciplinary Authorities as Ground for Disciplining Attorney — Modern Cases, 37 A.L.R.4th 646 (1985).
V. Disposition.
We give respectful consideration to the recommendations of the commission, but are not bound by them. Seff, 457 N.W.2d at 925. The commission recommended Nadler's license be suspended for three years. It further recommended the period of suspension date back to August 16, 1989, because the matter had been pending for an undue period of time.
In determining what discipline is appropriate, we consider prior disciplinary action taken against the lawyer. Committee on Professional Ethics & Conduct v. Shepherd, 431 N.W.2d 342, 344 (Iowa 1988). In 1985, a public reprimand was given Nadler for careless and incompetent handling of a matter. On August 16, 1989, we suspended Nadler's license indefinitely with no possibility of reinstatement for one year. Committee on Professional Ethics & Conduct v. Nadler, 445 N.W.2d 358, 362 (Iowa 1989). We required any application for reinstatement be accompanied by satisfactory evidence that he suffered from no physical or mental disability that would interfere with his competent handling of legal business entrusted to him. Id. This suspension arose from five separate actions taken by Nadler prompting the commission to file a formal complaint in 1987 which resulted in a hearing in 1988 and our final decision in 1989. We concluded Nadler had violated the code of professional responsibility by his criminal assault of Rose Martin, his breach of trust of a client, his delinquent handling of four probate matters, his failure to respond to committee inquiries, and his unpreparedness in a dissolution action. Id. We stated:
The transcript of proceedings before the grievance commission serves only to affirm, rather than dispel, our concern for Nadler's current fitness to practice law. As one commission member candidly observed, Nadler appeared to be "totally unprepared" for his own hearing and displayed an "overall attitude . . . of detachment."
Id.
Under the circumstances, we find the commission's recommendation of a three year suspension appropriate, but we do not believe it is appropriate to have the suspension date back to August 16, 1989. We do not consider the delay between the date of the events prompting t
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