Supreme Court of Missouri
en banc
November 9, 2009
Supreme Court Case No. SC90052
In re: Neysa L. Day, Respondent.
Supreme Court Case No. SC90429
In re: Neysa L. Day, Respondent.
ORDER
Whereas, the complete record of the Disciplinary Hearing Panel having been filed in this Court in case number SC90052, and said cause having been submitted on the brief of Informant as Respondent did not file a brief;
Now at this day, the Court finds that Respondent Neysa L. Day, Missouri Bar No. 34729, violated Rule 4-1.1 by failing to competently represent the interests of her client in a pending dissolution matter; violated Rule 4-1.7 by permitting her personal financial interests to conflict with the representation of her client; violated Rule 4-8.4(d) by reneging on her agreement to defer payment of her attorney’s fees and by intermingling the fee issue with substantive issues concerning the objectives of the representation; violated Rule 4-3.2 by failing to expedite litigation on behalf of her client and by failing to promptly seek judicial enforcement of her alleged attorney’s lien; violated Rule 4-1.6 by revealing confidential information relating to her prior representation of her client; violated Rule 4-1.9 by using confidential information to the disadvantage of her former client; violated Rule 4-1.15 by converting funds belonging to her client intended to be applied to opposing counsel’s fees and by failing to preserve client funds in her trust account; violated Rule 4-3.1 by filing and pursuing a frivolous lawsuit against her client because her client filed a disciplinary complaint against her; violated Rule 4-5.5 by practicing while her license was suspended under Rule 5.245 for failure to pay state income taxes; and, violated Rule 4-8.1 by failing to respond to disciplinary authorities’ requests for information concerning practice during her tax suspension.
In light of these violations the Court concludes that the proper discipline would be for Respondent, Neysa L. Day, to be suspended from the practice of law in this state and for this Court to not entertain any application for reinstatement for a period of two years from the date of this order.
However, subsequent to the issues raised in this case, the Chief Disciplinary Counsel having filed in Supreme Court Case No. SC90429, an information advising this Court of its findings, after investigation, that there is probable cause to believe Respondent, Neysa L. Day, is guilty of professional misconduct and having filed with said information, pursuant to Rule 5.13, a notice of default, notifying the Court that Respondent, Neysa L. Day, failed to timely file an answer or other response within the time required although Respondent was served pursuant to the provisions of Rule 5.18 and Rule 5.11 and, therefore, pursuant to Rule 5.13, Respondent is in default; and
It appearing Respondent is guilty of professional misconduct and should be disciplined;
Now, therefore, it is ordered by the Court that the said Neysa L. Day be, and she is hereby disbarred, that her right and license to practice law in the State of Missouri is cancelled and that her name be stricken from the roll of attorneys in this State.
It is further ordered that the Respondent, Neysa L. Day, comply in all respects with Rule 5.27 – Notification of Clients and Counsel.
Fee pursuant to Rule 5.19(h) in the amount of $2, 000.00 payable to the Clerk of this Court to the credit of the Advisory Committee Fund taxed to Respondent.
Costs taxed to Respondent.
Day - to - Day
__________________________
Mary R. Russell
Acting Chief Justice
Note: To view any specific rule provisions cited in this order, please visit the pages for Supreme Court of Missouri Rule 4 and Rule 5. Please be aware the versions of the rules available online are those currently in effect and may have changed since this order issued.