St. Louis attorney Rick Nelson previously was reprimanded and admonished for failing to pay his annual dues, failing to include an advertising disclosure in a letter to a prospective client, and trust account violations as recent as 2017. In 2022, this Court suspended Nelson for failure to pay his taxes. Prior to the suspension, Nelson was operating a small firm in St. Louis. A client retained Nelson to handle her father’s estate and paid Nelson $1,000, which he deposited in his operating account and soon depleted. After months without any progress on the case, the client fired Nelson and asked for a refund. Nelson did not refund the money until after the client filed a complaint with the chief disciplinary counsel. Included in the refund was a request from Nelson asking the client to sign a proposed release, which included language that the client would dismiss her disciplinary complaint against him. As part of the investigation, the chief disciplinary counsel audited Nelson’s accounts. Nelson failed to comply with the chief disciplinary counsel’s request for settlement statements and to appear to give sworn statements regarding his accounts despite being subpoenaed. The audit established Nelson did not keep a general or individual client ledgers. The audit also established Nelson failed to disperse settlement funds properly to clients and other lienholders. It also revealed Nelson shared $21,350 in legal fees with a non-lawyer who referred a personal injury case to him. In December 2022, the chief disciplinary counsel filed an information alleging Nelson violated numerous rules of professional conduct. Following a hearing, a disciplinary panel recommended Nelson be suspended indefinitely with no leave to apply for reinstatement for two years. The parties accepted the panel’s recommendation. This Court rejected it and ordered briefing and argument. 

This case presents two questions for this Court – whether Nelson violated the rules of professional conduct and, if so, what discipline, if any, is appropriate.