In re Koval

An attorney who violated Standards 23 and 44 of Bar Rule 4-102 d in three separate cases was indefinitely suspended for not less than one year with conditions on his reinstatement.

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These 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 year. In January 2000 a client hired Koval, who has been a member of the Bar since 1986, to file a law suit. The client 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 communicate 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 of 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. We find a violation of Standard 23 of Bar Rule 4-102 d in this matter.1

In re Koval

An attorney who violated Standards 23 and 44 of Bar Rule 4-102 d in three separate cases was indefinitely suspended for not less than one year with conditions on his reinstatement.

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