Iowa Supreme Court Attorney Disciplinary Board v. Stephen J. Lickiss

Summary

The Iowa Supreme Court reviewed disciplinary proceedings involving attorney Stephen J. Lickiss and found multiple ethical violations in four probate matters. The violations included neglect, failure to communicate with clients, collecting probate fees without prior court approval, failure to notify clients that representation had ended, and failure to respond to disciplinary inquiries. The court indefinitely suspended Lickiss’s license with no possibility of reinstatement for three months and required a health-care evaluation and return of client property before reinstatement.

Holdings

1. The Supreme Court of Iowa reviews attorney disciplinary proceedings de novo; the Grievance Commission's findings and recommendations are given respectful consideration but are not binding; and the Board must prove misconduct by a convincing preponderance of the evidence.
2. Consistently failing to perform assumed obligations in probate, guardianship, and conservatorship matters—including failing to secure bonds, publish required notices, file required reports, and cure delinquencies—violated Iowa Rules of Professional Conduct 32:1.1, 32:1.3, and 32:3.2.
3. Repeated failure to advance guardianship, conservatorship, and estate proceedings, resulting in delays and unnecessary administrative oversight, violated Iowa Rule of Professional Conduct 32:8.4(d).
4. An attorney violates Iowa Rule of Professional Conduct 32:1.5(a) by collecting probate fees without a prior court order approving those fees.
5. Failure to keep clients informed, respond to reasonable requests for information, and notify clients that the attorney had ceased representing them violated Iowa Rules of Professional Conduct 32:1.4(a)(3) and 32:1.4(a)(4). Failure to respond to the disciplinary board violated Rule 32:8.1(b).
6. The appropriate sanction was an indefinite suspension of Lickiss's license to practice law, with no possibility of reinstatement for three months, subject to specified reinstatement conditions.

Questions Presented

1. Whether Lickiss committed the alleged violations of the Iowa Rules of Professional Conduct through neglect of four probate matters, failure to communicate with clients, collection of probate fees without prior court approval, failure to notify clients that he ceased representation, and failure to respond to the disciplinary board.
2. What sanction was appropriate in light of the number and nature of the violations, Lickiss's prior public reprimand, his temporary suspension, his voluntary cessation of practice, and his depression.
3. Whether Lickiss's period of voluntary cessation of practice and temporary suspension should be credited against the suspension imposed.
4. What conditions should apply before reinstatement of Lickiss's law license.

Disposition

other