This is an attorney discipline case. The Idaho State Bar (ISB) filed a formal complaint against John Souza (Souza) charging four counts of misconduct related to his representation of Allen Black (Black). ISB and Souza entered into a stipulation for disciphne and ask that this Court adopt it as the full and final resolution of the formal charges. We decline and impose a different sanction.
I. FACTUAL AND PROCEDURAL BACKGROUND
Black hired Souza to represent him in a personal injury claim relating to injuries he received in a car accident. Black then informed the tortfeasor driver’s insurer, State Farm, that Souza was representing him. State Farm contacted Souza requesting medical bills and reports for Black so that it could conduct an independent medical exam. Souza sent State Farm the medical bills, but despite repeated requests he failed to send medical reports for almost a year. State Farm requested additional medical records and advised Souza that Black’s bills would not be paid until State Farm could evaluate the claim and had a report indicating why the company should pay — an action that could not be completed without the additional medical records.
Nearly two years after Black suffered injuries in the ear accident State Farm was able to conduct an independent medical examination and evaluate the claim. However, Souza did not respond to their settlement attempts. The month prior to the statute of limitations running, State Farm called Souza advising him to file a complaint to preserve the suit. Souza then extended a settlement offer, and State Farm counter-offered the day prior to the statute running. State Farm mailed Souza a letter confirming the counter-offer the day after the statute ran, but Souza failed to respond and the counter offer was subsequently withdrawn. Souza then filed a complaint three days after the statute of hmitations expired. This complaint was dismissed, but Souza did not object or attend the hearing on the motion to dismiss.
Additionally, almost a year after the accident, Souza advised Black and his wife to file for Chapter 13 bankruptcy since they could not pay the medical providers, and Souza collected a fee to do this. A few months later, the Black’s mortgage company served them with foreclosure papers which the Blacks took to Souza. Souza told them that he would take care of it. However, the Blacks were once again served with foreclosure papers, advising them that the foreclosure would take place in twenty days. They called Souza’s office and were told that the bankruptcy petition was nearly ready to be filed. The Blacks believed that it had been filed nine months earlier. Souza did file the petition nearly nine months after collecting the fee.
When Souza began representing the Blacks in the personal injury case, Black contacted Souza’s office nearly every day, but Souza would not return his calls for weeks. More than once Souza told Black that the complaint had been filed and not to worry. Souza never informed Black that he had *505 failed to timely file the suit and that it had been dismissed. In fact, even after the dismissal, Souza continued to represent that the suit was proceeding. Black finally learned the true course of events when he called State Farm ten months after the dismissal.
Shortly after learning of this, Black filed a complaint against Souza with the ISB. ISB investigated these charges and the Board of Commissioners approved the filing of formal charges. ISB filed a four count complaint against Souza. Count I of the complaint charges violations of I.R.P.C. 1.1 and 1.3 for failure to timely file the personal injury lawsuit and communicate with Black. Count II charges violations of I.R.P.C. 1.4 and 8.4(c) for falsely misleading Black about the personal injury suit. Count III charges violations of I.R.P.C. 1.3 and 8.4(c) for failing to diligently pursue filing the bankruptcy petition and falsely misleading Black about the filing date. Count IV charges violations of I.R.P.C. 4.1(a), 5.3 and 8.4(c) for Souza’s secretary falsely informing one of Black’s medical providers that the claim was progressing and that settlement would soon be reached.
After discovery, Souza and ISB entered into a stipulation wherein Souza admitted the allegations in Counts I through III, and Count IV was dismissed for lack of clear and convincing evidence. The stipulation also acknowledged that Souza had been disciplined in the past. As part of the resolution of this complaint, Souza agreed to pay Black $17,500 in restitution from his personal funds. Souza also agreed to serve a 365-day suspension with 273 days withheld, and that he then be on probation for one year. In order to be reinstated after his ninety-two day suspension, Souza and ISB also stipulated that he must cany acceptable errors and omissions insurance. Souza must also demonstrate that he will comply with the terms of his probation, namely: that he will not violate any of the Idaho Rules of Professional Conduct, continue to carry enors and omissions insurance, make arrangements for a supervising attorney to supervise Souza’s law practice to whom Souza will make monthly reports and who will make quarterly reports to ISB regarding Souza’s compliance, and certify under oath on a monthly basis that he is acting toward his clients consistent with his responsibilities under the Idaho Rules of Professional Conduct.
ISB then submitted the stipulation to the Professional Conduct Board, and the Board recommended that the Court adopt the conditions of the stipulation as full and final resolution of the formal charges. This ease comes to the Court from that order and recommendation.
II.STANDARD OF REVIEW
Attorney discipline matters are judicial in nature, rather than administrative, and the responsibility for assessing facts and ordering sanctions rests with this Court.
Idaho State Bar v. Frazier,
III.ANALYSIS
All attorney discipline cases require a two step analysis. First, the Court must determine whether the record supports the findings and recommendations, then it must independently determine the sanctions warranted by the facts of the case.
A. Substantial and Competent Evidence
“In an attorney discipline case, the Idaho State Bar must establish charges of
*506
misconduct by clear and convincing evidence.”
Idaho State Bar v. Tway,
Here, Souza admitted to violating I.R.P.C. 1.1, 1.3, 1.4, and 8.4(c), and it is undisputed that the record supports the Professional Conduct Board’s findings. ISB deposed Souza, and his testimony establishes the existence of aggravating and mitigating circumstances. However, in determining what discipline is appropriate the Court must review Souza’s conduct in light of all the relevant factors.
See Gantenbein,
B. Aggravating and Mitigating Factors
“Although the Court places great weight on the findings and recommendations of the hearing committee regarding sanctions, ‘it is ultimately the responsibility of this Court to determine the sanctions available’ to the ISB.”
Frazier,
In its brief to this Court, ISB set out the factors it employed in determining the appropriate sanction in this case. The aggravating factors included Souza’s prior disciplinary offenses and his long experience in the practice of law 1 —in light of which he could hardly have been ignorant of his ethical responsibilities. The mitigating factors considered by the ISB included: (1) the absence of a dishonest or selfish motive; (2) timely good faith efforts to make restitution or to rectify the consequences of his misconduct; (3) full and free disclosure to the disciplinary board or cooperative attitude toward the proceedings; (4) remorse; and (5) the remoteness of certain of his prior offenses. Likewise, the Court considered these factors when determining the appropriate sanctions.
However, in addition to these factors, the Court also takes into account the impact of Souza’s misconduct on Black. Souza’s long failure to forward records to State Farm forced Black to contend with mounting medical bills on his own. For two years Souza inexplicably failed to move Black’s personal injury suit forward—denying Black needed resources during a time when he and his wife lost their jobs and faced personal bankruptcy. Souza cannot have been unaware of Black’s plight—he even collected a fee to handle Black’s bankruptcy, and delayed filing that action for nine months. Throughout Souza’s representation, Black attempted to contact him again and again. When Souza chose to respond, he offered only false assurances that action was being taken.
The harm suffered by Black as a result of Souza’s conduct goes beyond simple monetary loss. Souza was hired to serve as Black’s representative and champion. Souza could have intervened at any point during Black’s struggles, but he did not. Indeed, Black did not learn the window for filing his personal injury action had finally closed until months afterwards, and then only from State Farm. Black’s long, frustrating wait for Sousa to take action had been for nothing. Souza never even argued against the dismissal of the personal injury case.
A lawyer has many responsibilities, but his responsibilities to his client are chief among them. It is appropriate in attorney discipline cases to consider as an aggravating factor the degree of harm suffered by the client. Here, after consideration of the harm Souza’s conduct inflicted on his client, as well as other aggravating and mitigating factors, we see that the sanctions agreed to by Souza and the ISB are inadequate in this case. They fail to take into account the gravity of Souza’s offenses and his pattern of violating the same ethical duties.
There is benefit to looking at what this Court has done in the past in assessing ap
*507
propriate sanctions in this case. In
Idaho State Bar v. Malmin,
the client, Hill, hired Malmin to file a money judgment against Hill’s ex-husband.
In
In re Daw,
Daw was appointed as a public defender for Baxter for various drug related felonies.
In
Idaho State Bar v. Matthews,
the Pattersons hired Matthews to file a bankruptcy petition on their behalf, but when the bankruptcy trustee objected to the claimed homestead exemption, Matthews did not respond.
Here, Souza’s misconduct and the consequences of his misconduct are much more grave than the consequences in Malmin, Daw or Matthews. Additionally, like in Daw, Souza’s conduct shows a disturbing pattern of repeated ethical violations, a factor which does not seem to be reflected in ISB’s recommendation. Indeed, in its brief, ISB claims that Souza’s ethical violations are remote in time; however, Souza was reprimanded in 2001 for violations of I.R.P.C. 1.3, 1.4, and 8.4(e). These are three of the four provisions which Souza has admitted violating in this instance. Unlike in Daw, there is absolutely no showing that Souza has instituted any measures which help ensure that his repeated ethical violations will not occur again.
In this instance, there are mitigating factors. ISB found that Souza lacked a dishonest or selfish motive. Souza cooperated with ISB, showed remorse for his actions, and made a timely good faith effort to make restitution out of his own personal funds. However, given the dramatic consequences of Souza’s misconduct in this instance, his pat *508 tern of repeated ethical violations with no indications that they will not continue in the future, the recommended suspension is not an adequate sanction in light of the goals of protecting the public and the legal profession and encouraging public confidence in the disciplinary process.
IY. SANCTIONS
As a result of Souza’s violations of 1.R.P.C. 1.1, 1.3, 1.4, and 8.4(c), we order that Souza be suspended for thirty-six months with thirty months withheld. Following the six-month actual suspension, Souza may apply for reinstatement under Idaho Bar Commission Rule 518. In addition to the showing required under that rule, Souza must also show that he has obtained errors and omissions legal malpractice insurance providing minimum coverage in an amount and form acceptable to the Professional Conduct Board and that ISB must be notified in writing by the insurance carrier of any changes to that policy.
Following reinstatement by the Professional Conduct Board, Souza will be subject to the following terms and conditions of probation for the remainder of his withheld suspension. Any failure to comply with the terms and conditions of his probation will be grounds for imposition of the remaining thirty months withheld suspension, even if proven after the completion of the probationary period.
1. Souza must not violate any of the Idaho Rules of Professional Conduct. Souza must maintain errors and omissions legal malpractice insurane throughout the probationary period, providing coverage in a form acceptable to the Professional Conduct Board, and will ensure that the insurance carrier notify the Professional Conduct Board directly of any changes to that policy.
2. Souza must also make arrangements for a supervising attorney, satisfactory to ISB, who will supervise Souza during probation. This supervising attorney shall not be expected to assume any personal responsibility for the handling of Souza’s eases, nor serve as a co-lawyer. However, the supervising attorney and Souza shall meet at least monthly to ensure that Souza is acting with reasonable diligence and promptness in representing his clients, that Souza is keeping his clients reasonably informed about the status of their matters and that Souza is promptly complying with any reasonable request for information about his representation of clients. The supervising attorney shall report quarterly to ISB that Souza is arranging to meet with the supervising attorney on at least a monthly basis and that Souza is complying with all the conditions of probation.
3.Souza shall notify ISB monthly, in writing and under oath, that he is acting with reasonable diligence and promptness in representing his clients, is keeping his clients reasonably informed about the status of their matters, is promptly complying with reasonable requests for information about his representation of clients and is representing his clients consistent with his responsibilities under the Idaho Rules of Professional Conduct.
Additionally, Souza shall tender to ISB, for Black’s benefit, the full amount of State Farm’s settlement offer ($22,000) plus the legal rate of interest from the date of that offer. 2 He is granted credit for any sums previously paid to the Blacks.
V. CONCLUSION
The findings that Souza violated I.R.P.C. 1.1, 1.3, 1.4 and 8.4(e) are supported by substantial and competent evidence. Souza is suspended from the practice of law for thirty-six months; after six-months he may apply for reinstatement pursuant to I.B.C.R. 518. He shall not be reinstated unless he complies with the above conditions. Additionally, Souza shall be on probation for the remaining thirty months, during which time any violation of the conditions set out by this Court shall result in the imposition of the remaining thirty months withheld suspension, even if proven after the completion of *509 the probationary period. Souza shall tender to ISB, for Black’s benefit, the full amount of State Farm’s settlement offer, plus the legal rate of interest. No costs or attorney fees on appeal.