Decorah-based attorney placed on two years' probation in California

Attorney Nick Rowley, who practices law in California but has an office in Decorah, has been placed on two years' probation by the State Bar Court of California.

The ruling was issued in connection with a medical malpractice case dating back to 2006.  On February 24, 2006 California resident Brendee Thomas hired Rowley to file a medical malpractice lawsuit.  Later that year—on July 14th—neither Rowley nor anyone from his law office showed up at a hearing into the case, so the lawsuit was dismissed.  Rowley later filed a motion to have the lawsuit reinstated, which was granted.

On February 12, 2007, defense attorneys and the plaintiffs showed up for a deposition—but Rowley did not.  The deposition was rescheduled for December 7th with Rowley contracting with another attorney to handle the matter.  At that hearing, the contract attorney could not respond to defense requests for documents.

On January 4, 2008, Rowley informed Brendee he wanted to withdraw as her attorney, but she refused to sign a substitution of attorney form, arguing that if Rowley withdrew, Brendee would not be able to find another attorney that late in the court proceedings.

Rowley then wrote a letter to the judge in the case, saying "I despise her (Brendee) and would rather shovel manure than represent her at trial."  The letter to the judge was supposed to be sealed, but the Office Manager at Rowley's office did not do that—even though Rowley had told her to do so.

The State Bar Court of California ruled that by failing to supervise the Office Manager and ensure that the latter to the judge was filed under seal, Rowley's actions meant he had "intentionally, recklessly or repeatedly failed to perform legal services with competence in willful violation of Rules of Professional Conduct." 

The State Bar Court of California also ruled that Rowley failed to adequately supervise the other attorneys in the two years preceding Rowley's request to withdraw from the case.

In handing down the two years' probation, the Court noted that Rowley "has exhibited candor and significant cooperation with the State Bar of California."  It also noted that Rowley suffered "extreme personal difficulties" during the time of the Brendee case because of the death of one of Rowley's children.  It also praised Rowley's "good character" and his pro bono work.  Because of those factors, the State Bar Court imposed probation in the case.

The complete State Bar Court of California ruling is attached below.