Summary
The Iowa Supreme Court reviews disciplinary charges against attorney Steven B. Joy, including neglect of probate and tax matters, failure to comply with court orders, misrepresentations, failure to turn over client papers, and failure to cooperate with disciplinary inquiries. The court suspends Joy's license indefinitely, with no possibility of reinstatement for eighteen months, imposes conditions for reinstatement, and taxes the costs against him.
Holdings
- Joy neglected four client matters—the Schulista, Williams, Boots, and Svoboda matters—and thereby violated DR 6-101(A)(3), DR 7-101(A)(3), and, for failures prejudicial to the administration of justice, DR 1-102(A)(5).
- Joy violated DR 7-106(A) by knowingly failing to comply with court orders in the Williams and Boots estate matters and by failing to release funds as ordered in the Williams matter.
- Joy violated DR 1-102(A)(4), DR 1-102(A)(5), and DR 1-102(A)(6) by making misrepresentations and by making unreliable statements to courts and clients concerning the status of estate work and tax returns.
- Joy violated DR 2-110(A)(2) and DR 1-102(A)(6) by failing to provide client tax files and an estate file to clients and successor counsel.
- Joy violated DR 1-102(A)(5) and DR 1-102(A)(6) by repeatedly failing to respond timely and substantively to the Board's inquiries.
- An indefinite suspension with no possibility of reinstatement for eighteen months was warranted, with reinstatement conditioned on compliance with specified professional, health, and monetary requirements.
Questions Presented
- Whether the Board proved by a convincing preponderance of the evidence that Joy committed multiple violations of Iowa's attorney disciplinary rules.
- Whether Joy violated the disciplinary rules by neglecting probate and tax matters, disregarding court orders, making misrepresentations, failing to turn over client papers and property, and failing to cooperate with the Board.
- What sanction was appropriate in light of the violations and aggravating and mitigating circumstances.
Disposition
other
Cases Cited (20)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Honken, 688 N.W.2d 812 (Iowa 2004)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Williams, 675 N.W.2d 530 (Iowa 2004)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Moorman, 683 N.W.2d 549 (Iowa 2004)(followed)
- Comm. of Prof'l Ethics & Conduct v. Rogers, 313 N.W.2d 535 (Iowa 1981)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Grotewold, 642 N.W.2d 288 (Iowa 2002)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Ruth, 656 N.W.2d 93 (Iowa 2002)(followed)
- Iowa Supreme Ct. Att'y Disciplinary Bd. v. Lesyshen, 712 N.W.2d 101 (Iowa 2006)(followed)
- Comm. on Prof'l Ethics & Conduct v. Thomas, 495 N.W.2d 684 (Iowa 1993)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Daggett, 653 N.W.2d 377 (Iowa 2002)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Smith, 569 N.W.2d 499 (Iowa 1997)(followed)
Showing top 10 of 20.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…