In re Koval
Thеse disciplinary matters are before the Court pursuant to the Report and Recommendation of the Review Panel of the State Disciplinary Board which adopted the findings of fact and conclusions of law set out in the report and recommendation of the special master who was appointed following the filing of three Formal Complaints by the State Bar. The Formal Complaints, which were filed after this Court rejected Respondent’s petition for voluntary discipline, each alleged that Steven H. Koval violated Standards 23 and 44 of Bar Rule 4-102 (d). Although a single violation of Standard 23 may be punished by public reprimand and a single violation of Standard 44 may be punished by disbarment, the Review Panel recommends an indefinite suspension with conditions on reinstatement and we agree, except that we believe the suspension should last no less than one yeаr.
In January 2000, a client hired Koval, who has been a member of the Bar since 1986, to file a lawsuit. The сlient paid Koval a $5,000 retainer and although Koval did some work on the case, he failed to file the suit as agreed; failed to return the client’s phone calls; failed to communicatе with the client about the progress of the case; and failed, after being fired from the case, to repay the retainer. We find separate and distinct violations of Standard 23 and Standard 44 оf Bar Rule 4-102 (d) in this matter.
Similarly, in November 1999, a couple hired Koval to draft their wills and, although they paid him $425 for the work, he failed to perform the work or communicate with his clients. Eventually, in November 2000, after the clients filed a grievance with the State Bar of Georgia, Koval refunded the $425.
Finally, in May 2000, Koval accepted an $850 retainer from a сlient for estate planning services but failed to perform the work agreed upon or adеquately communicate with the client. After the client filed a grievance with the State Bar of Gеorgia, Koval refunded the $850. In this matter, we find separate and distinct violations of Standard 23 and Standard 44 of Bar Rule 4-102 (d).
In considering the appropriate discipline for Koval, we find that although thesе disciplinary matters include multiple offenses, each of which caused detriment to a cliеnt in the form of needless worry and concern, Koval has no prior history of disciplinary infractiоns. Moreover, Koval has enjoyed a good reputation among his peers, serving in leadеrship positions in the legal profession; he has endured several significant physical and emotional set-backs since July 1998 which impaired his ability to work; he has taken steps to address those issuеs; he has been cooperative in these disciplinary proceedings; he has taken stеps to refund the fees to the clients who filed the grievances against him; he has expressed rеmorse for his misconduct; and his actions do not appear to spring from a dishonest or selfish motive.
Thus, basеd on our review of the entire record, we hereby suspend Steven H. Koval from the practiсe of law indefinitely, but for a period of not less than one year, with the following conditions on his reinstatement: (1) proof of full restitution to all clients involved in these disciplinary matters; (2) written certification from a psychologist or psychiatrist who is licensed to practice in Georgia thаt, at the time of application for reinstatement, Koval has no mental or emo-
Itional health condition that would adversely affect his ability to practice law, specifically but not limited to, depression and impulse control; (3) every six months for the first 36 months following his resumption of thе active practice of law, Koval shall forward to the State Bar a new medical сertificate as described in condition 2; and (4) upon failure to provide the follow-up certificates required by condition 3, the Office of the General Counsel (“OGC”) may apply to the special master for a show cause hearing.
Koval shall file any request for reinstatement of his license to practice law with the Review Panel of the State Disciplinary Board. Respоndent’s request must show that he has satisfied all conditions for reinstatement. The OGC shall file a responsе to Koval’s request on behalf of the State Bar of Georgia and the Review Panel shall review the certifications, Respondent’s request, and the State Bar’s response. The Panel shall file a report and recommendation on Respondent’s request for reinstatement with the Supreme Court. Koval is reminded of his duties under Bar Rule 4-219.
Indefinite suspension for a minimum of one year, with conditions.
Notes
The State Bar dismissed the Standard 44 claim in this matter at the request of the clients.