In re Daniels

Summary

The court found by clear and convincing evidence that Daniels violated his duties of diligence and client communication by filing a personal-injury action shortly before limitations expired, failing to serve the defendants, allowing the action to be dismissed, and failing to promptly inform the client. The court rejected his challenges to the factual findings and to the proposed probation process, but concluded that the misconduct resulted from negligence and imposed published censure rather than suspension. The court also held that prior discipline could be considered but was too remote to constitute a current pattern of misconduct.