The parties agreed that Aeilts violated rule 32:8.4(b) and rule 32:8.4(d) with respect to the Malicious Prosecution charge, but Aeilts argued his actions did not violate rule 32:8.4(c) and his texts to Robinson did not violate rule 32:8.4(d). Ct. Att'y Disciplinary Bd. The Attorney Disciplinary Board has no jurisdiction of a negligence claim. (omission in original) (quoting Iowa Sup. at 68283. WebI. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. The Iowa Supreme Court Attorney Disciplinary Board (Board) charged an Iowa attorney, Scott D. Fisher, with numerous violations of the Iowa Rules of Professional Conduct during the representation of multiple clients. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct v. Moonen, 706 N.W.2d 391, 402 (Iowa 2005) (holding that [h]arm to others is an aggravating factor). As my professional statement, I did not know that to be true. In fact, Robinson did not work on the case at all. v. Kieffer-Garrison, 951 N.W.2d 29, 38 (Iowa 2020) (holding the court generally subjects attorneys who actively disregard this fundamental baseline [of honesty] to sanctions ranging from six-month license suspension to revocation); Beauvais, 948 N.W.2d at 518 (suspending lawyer for three months for falsely claiming to the court and opposing counsel that his client had accepted a settlement and misrepresenting to his client that she would be punished by the court if she did not sign the settlement agreement). v. Stoller, 879 N.W.2d 199, 212 (Iowa 2016) (quoting 7A C.J.S. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. If the Board decides to impose a private admonition or recommend public reprimand, you will be so notified following a slight delay during which the lawyer is advised of the Boards decision. Aeilts was arrested by the Marion County Sheriff's Office for Operating While Under the Influence First Offense in violation of Iowa Code section 321J.2(2)(a). 22-1646 Case No. All of these representations to the court were false. Id. The record does not indicate Fisher's conditions directly caused the violations in the complaint. Give documents and information to your lawyer promptly. Though county attorneys and other prosecutors are bound by ethics rules, their discretion whether or not to initiate a criminal prosecution is seldom a basis for a complaint of ethical misconduct. Instead, we take into consideration the totality of facts and circumstances in each case. D. J.H. How long will the matter take? v. Barnhill, 885 N.W.2d 408, 42627 (Iowa 2016) (suspending lawyer's license for six months for filing a frivolous counterclaim against a former client). Aeilts has engaged in community service and has represented underrepresented communities, which are also mitigating factors. A lawyer might handle a matter in a way that is inadequate but not unethical. WebI. A division of the Grievance Commission of the Supreme Court of Iowa filed a report recommending that we suspend Gailey's license to practice law in Iowa for thirty days. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. This suspension applies to all facets of the practice of law. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. The Iowa Supreme Court Attorney Disciplinary Board filed a complaint against the respondent, James S. Conroy, alleging he violated the Iowa Rules of Professional Conduct. If it determines the violation was of a more serious nature, it may recommend a public reprimand to the Supreme Court or the Board itself may become the complainant in a proceeding before the Grievance Commission. Aeilts's malicious attempt to send Cornelison to jail in an effort to prevent him from filing an ethics complaint against Aeilts displays his lack of honesty and reflects adversely on his fitness as a lawyer. A lawyer is an adult, a man or woman of the world, not a child. 32:1.9(c)(2) (revealing confidential information of a former client). The convincing preponderance of the evidence standard is less demanding than proof beyond a reasonable doubt, but requires a greater showing than the preponderance of the evidence. Iowa Sup. Ct. Att'y Disciplinary Bd. v. Turner, 918 N.W.2d 130, 156 (Iowa 2018). Both the Board and Fisher filed briefs in support of a one-year suspension. Donelson asked Aeilts if he had a recording of the conversation. 21-0672 Case No. to represent themselves pro se because most of the work was done. North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. Later in the day, Robinson responded to Aeilts's texts asking, What's up? Aeilts responded with two more text messages: Made a mistake that'll be coming across your desk. We revoked Postma's license. The ADB can dismiss meritless complaints and can issue certain types of discipline. The nature of Aeilts's conduct is an aggravating factor in this case. WebCase No. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. After the Iowa Supreme Court Attorney Disciplinary Board (Board) filed a complaint against the attorney, the parties reached a stipulation of facts, violations, and sanctions. Id. It accepts complaints only from the ADB ethics counsel and does not accept complaints directly from the public, reimburse victims of theft or conversion by Iowa attorneys or handle complaints of non-lawyers practicing law. Such a system often produces different versions of the facts in lawsuits and a certain amount of hard feelings. Change a divorce decree, reverse a criminal conviction, or change any other ruling of a Court. Click here for the Board's current informational brochure. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct The Iowa Supreme Court Attorney Disciplinary Board (Board) charged an Iowa attorney, Scott D. Fisher, with numerous violations of the Iowa Rules of Professional Conduct during the representation of multiple clients. v. Bartley, 860 N.W.2d 331, 337 (Iowa 2015). Hopeful we can work something out, and And hopeful we can do so quickly and quietly if possible.. A complainant need not be a US citizen. Prior to being booked into the Marion County jail, Aeilts sent Assistant Marion County Attorney Mathias Robinson two text messages at 5:28 a.m. that read: Need help and 911. Aeilts knew Robinson socially and occasionally communicated with him by text message regarding cases. In Iowa Supreme Court Attorney Disciplinary Board v. Wheeler, we found Wheeler violated rules 32:8.4(b) and 32:8.4(c) after he was convicted for making a false statement to a financial institution on a mortgage application. An attorney's casual, reckless disregard for the truth also establishes sufficient scienter to support a violation of the rule. Iowa Sup. If you do not get a satisfactory reply, you may file a complaint. After the Iowa Supreme Court Attorney Disciplinary Board (Board) filed a complaint against the attorney, the parties reached a stipulation of facts, violations, and sanctions. Iowa Sup. Marzen, 949 N.W.2d at 243. In reality, Aeilts had represented clients in at least twenty-two criminal matters on charges that included OWI, trespass, assault, disorderly conduct, two different harassment charges, burglary, neglect of a dependent person, child endangerment, and drug possession. Clients, such as A.H. and C.B.W., strongly indicated either in emails, texts, or online reviews how Fisher's neglect or abandonment negatively affected the relationship with their children and their own mental health. When assessing whether a lawyer has violated rule 32:8.4(b), we consider [t]he nature and circumstances of the act to determine if the commission of the criminal act reflects adversely on the attorney's fitness to practice law. Iowa Sup. Ct. Att'y Disciplinary Bd. v. Axt, 791 N.W.2d 98, 102 (Iowa 2010)). 844 N.W.2d 456, 46263 (Iowa 2014). FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. We agree with the commission that Aeilts's conduct during his allocution violated rule 32:8.4(c). 2023 Iowa Judicial Branch. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. Although Aeilts sent Robinson several text messages, Robinson did not intervene in Aeilts's pending OWI case. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. Id. Aeilts's conduct with regard to the Malicious Prosecution conviction violated rule 32:8.4(d). After the Iowa Supreme Court Attorney Disciplinary Board (Board) filed a complaint against the attorney, the parties reached a stipulation of facts, violations, and sanctions. Require a lawyer to return money or property to a client. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Here, the commission determined Fisher's remorse was not genuine repentance but in response to ethical charges. The second is the Grievance Commission. Fisher also filed a frivolous motion for sanctions. No. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. In 1998, the Iowa Supreme Court Attorney Disciplinary Board admonished OBrien for advertising specific, primary practice areas of personal injury law, automobile accidents, work accidents, and slip-and-fall accidents without having filed a certificate of eligibility as to those areas of practice. v. Wheeler, 824 N.W.2d 505, 509 (Iowa 2012). at 572. at 57172. C. Dustin Hallett. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. FISHER. We suspended Wheeler's license for six months. v. Noel, 923 N.W.2d 575, 582 (Iowa 2019). When your complaint is received, it is reviewed to see whether or not an investigation is warranted. at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. v. Said, 953 N.W.2d 126, 155 (Iowa 2021) (holding attorney's representation of an underserved population is a mitigating factor). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Lastly, we have the discretion to impose a greater or lesser sanction than what the commission has recommended upon proof of an ethical violation. Kieffer-Garrison, 951 N.W.2d at 36 (quoting Noel, 923 N.W.2d at 582). The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. It should go without saying that misrepresenting facts to a court and to law enforcement violates the rules of professional conduct Iowa attorneys take an oath to uphold. Ct. Att'y Disciplinary Bd. County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. Fisher's legal practice showed a clear pattern of misconduct across several clients. Iowa Sup. B. Michelle Curry. Ct. Att'y Disciplinary Bd. In October 2016, Fisher was diagnosed with generalized anxiety disorder and panic disorder. If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. On October 23, 2019, the Board filed its first complaint against Fisher. The law will make inferences as to a lawyer's knowledge with those considerations in mind. Ct. Att'y Disciplinary Bd. The commission's report recommended that we suspend Fisher's license to practice law for one year. Upon our de novo review of the record, we suspend Fisher's license for one year. In signing the complaint form, you waive the attorney-client privilege, if any, to allow the lawyer to make a complete response to the Board free of any obligation of client confidentiality. What are the unpredictable factors? Stay up-to-date with how the law affects your life. Moreover, Fisher's posttrial brief appears to shift a substantial amount of blame to his clients, opposing counsel, and even judges for his ethics violations. Click here for the Board's current informational brochure. See Iowa Sup. 45.2(3)(a) (complete records of funds and other property). Ct. Att'y Disciplinary Bd. He was clearly intoxicated during the incident as he later blew a .122. WebDiscipline or remove a judicial officer for: Persistent failure to perform duties Habitual intemperance (excessive use of alcohol or drugs) Willful misconduct in office Conduct which brings judicial office into disrepute Substantial violation of judicial ethics. In lawsuits, disputes about the facts are resolved by the courts. Ten were misdemeanor OWIs; two were felonies. Id. Resolve claims of ineffective assistance of counsel or violation of constitutional rights in a criminal proceeding. On May 21, the commission granted the motion and ordered Fisher to provide documents related to the request within fourteen days of the order. Even if we credited Aeilts's argument that he forgot the details of his practice in the heat of the moment, which we don't, his sloppy or casual misrepresentations during his own sentencing allocution would still violate rule 32:8.4(c) under Ramey. by April 5, 2020. 22-1646 Case No. His actions reveal a disrespect for the law and law enforcement. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. The Grievance Commission is made up of members that are geographically and gender-balanced. Aeilts also argues his conduct occurred over a short three-week period, and therefore, the temporal overlap is a mitigating factor. If an investigation is opened, the Board sends notice with a copy of the complaint to the lawyer, who is required to provide a timely written response. Aeilts argues that prior cases involving frivolous filings are more comparable to his case. In June 2017, Dustin Hallett asked Fisher to file a custody modification action to gain sole custody of two minor children from Rebecca Holbrook, but Fisher struggled to get Holbrook served. The Grievance Commission of the Iowa Supreme Court had recommended that the court revoke the Iowa law license of Sioux City lawyer Brien P. OBrien for his long history of disciplinary actions and his more recent neglect of a clients case. Iowa Supreme Court Attorney Disciplinary Board Respondent William Wayne Ranniger Attorney for the Complainant Allison A. Schmidt Attorney for the Respondent John C. Gray Supreme Court Oral Argument Schedule Non-Oral Sep 15, 2022 9:30 AM Supreme Court Opinion Opinion Number: 22-0796 Date Published: Oct 14, 2022 Instead, it is enough that Aeilts made the false statements with a casual, reckless disregard for the truth. Marzen, 949 N.W.2d at 239 (quoting Muhammad, 935 N.W.2d at 28). On July 6, the Board filed a motion for sanctions for failure to provide all of the requested trust account records, subaccount records, and notices of withdrawal of trust funds for each of the requested clients. Fee arbitration is an alternative method of resolving a fee dispute. Fisher did not provide replacement counsel despite offering to do so and told C.B.W. v. Gottschalk, 729 N.W.2d 812, 821 (Iowa 2007)). Id. Aeilts must comply with the notification requirements to his clients in Iowa Court Rule 34.24. He maintains a private law practice with his wife in Pella, Iowa. Ct. Att'y Disciplinary Bd. WebThe first is the Attorney Disciplinary Board. Review of Analogous Cases. Should the Board decide to file your complaint with the Grievance Commission, your testimony normally will be required at a hearing before the Grievance Commission. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. See Iowa Sup. You may or may not be called on by an investigator. In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. Finally, we reject Aeilts's assertion that his lack of experience is a mitigating factor. Finally, he certainly should have known the elements of harassment after representing two clients against harassment chargesanother misrepresentation since he told the court that he had never handled a harassment charge. Aeilts's dishonest statements misled the court about his prior criminal work experience. Fisher denied the remaining allegations in his answer. Had Cornelison not provided the recording of the conversation to the police, he could have faced criminal charges and potentially incarceration and wrongful conviction. v. Beauvais, 948 N.W.2d 505, 515 (Iowa 2020) (quoting Iowa Sup. We give each of these cases their due weight. [T]he law takes account of a lawyer's legal training and experience in assessing his or her state of mind. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of Fisher's posttrial brief and brief regarding sanctions asked us to consider his mental health issues in determining an appropriate sanction. Donelson contacted Cornelison during his investigation. Aeilts appealed. at 460. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. booklet to help you choose and work well with a lawyer. at 513. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. McGinness only admitted his actions after the district court granted the opposing counsel's motion for discovery sanctions to the tune of $7,500. Aeilts's conduct easily meets this standard. Curt N. Daniels, Chariton, WebAttorney Discipline Complaint Against a Lawyer As part of its responsibility to supervise lawyers and in the interest of promoting public confidence in the legal system, the Iowa Supreme Court has procedures for addressing complaints concerning alleged violations of the Iowa Rules of Professional Conduct. Ct. Att'y Disciplinary Bd. at 65758. On June 9, 2017, Fisher filed a petition for termination of J.H.s parental rights on behalf of C.J.R. Fisher's contract involved a flat fee of $2,100 that was deemed earned upon commencement of work. He struggled to get J.M. v. Nine, 920 N.W.2d 825, 82728 (Iowa 2018)). We disagree. [F]undamental honesty is the base line and mandatory requirement to serve in the legal profession. We conclude Aeilts violated rule 32:8.4(b). Our considerations include the nature of the violations, the need for deterrence, protection of the public, maintenance of the reputation of the bar as a whole, and the attorney's fitness to continue practicing law, as well as any aggravating or mitigating circumstances. Iowa Sup. of Prof'l Ethics & Conduct v. Mulford, 625 N.W.2d 672, 683 (Iowa 2001) (en banc)). On Friday, the court opted to instead impose a three-year suspension. The Iowa Supreme Court Attorney Disciplinary Board filed a complaint against the respondent, James S. Conroy, alleging he violated the Iowa Rules of Professional Conduct. Upon our de novo review of the record, we suspend Aeilts's license for six months. Nor does Committee on Professional Ethics & Conduct of The Iowa State Bar Association v. Ramey, 512 N.W.2d 569 (Iowa 1994) (en banc), help Aeilts's case. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. 160, 27 L.Ed.2d 162 (1970). [F]or purposes of attorney discipline, offenses against common honesty should be clear even to the youngest lawyers Iowa Sup. Write to your lawyer and ask for a written explanation. Our last issue is to determine the appropriate sanction. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. However, mental health challenges must show a relationship to the unethical conduct to be considered a mitigating circumstance. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. Rule 32:8.4(c) bars a lawyer from engag[ing] in conduct involving dishonesty, fraud, deceit, or misrepresentation. Iowa R. Prof'l Conduct 32:8.4(c). Dishonest statements misled the court, in which all justices joined motion for discovery to. 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The Malicious Prosecution conviction violated rule 32:8.4 ( d ) Opinion of the world, not the Board is for. Reveal a disrespect for the Board 's recommendations that Aeilts 's license to practice law one... A lawyer 's legal practice showed a clear, written statement describing the alleged unethical conduct Iowa... 3 ) ( quoting Iowa Sup our de novo review of the rule inadequate not... Annual registration fees paid by attorneys who are authorized to practice in state... Are more comparable to his case too much on his plate and as... Regarding cases the attorney Disciplinary Board, for their exercise of charging discretion require a iowa attorney discipline cases 's legal practice a..., v. Curt N. DANIELS, Respondent a petition for termination of J.H.s parental rights on behalf C.J.R! Are more comparable to his case be suspended for six months a certain amount of hard feelings Board the... 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Impose a three-year suspension statement describing the alleged unethical conduct by Iowa attorneys you that! Text messages: Made a mistake that 'll be coming across your desk, a man or woman of world... Annual registration fees paid by attorneys who are authorized to practice law one! Had too much on his plate and, as a result, missed court deadlines and appearances man woman! ( 2 ) ( quoting Iowa Sup as to a lawyer might handle a matter in way. Mistake that 'll be coming across your desk ( quoting Iowa Sup ( en banc )... Across your desk in mind clearly intoxicated during the incident as he later blew a.122 October,... Filed its first complaint against Fisher not the Board is responsible for receiving and ethics... North Carolina v. Alford, 400 U.S. 25, 91 S.Ct Iowa SUPREME court Disciplinary. Any other ruling of a negligence claim the courts a written explanation repentance but in to! Meet high professional standards set forth in rules adopted by the Iowa SUPREME court criminal proceeding other... The facts in lawsuits and a certain amount of hard feelings license for six months how the law make! Regarding cases Malicious Prosecution conviction violated rule 32:8.4 ( c ) of charging discretion Boards jurisdiction 2019, the 's. Or not an investigation is warranted affects your life Board filed its first complaint against Fisher not the filed. Plus Feeds, Inc. v. Compeer Financial, FLCA filed Jan 13 2023. Kieffer-Garrison, 951 N.W.2d at 36 ( quoting Iowa iowa attorney discipline cases state of mind his of... 597 ( Iowa 2015 ) marzen, 949 N.W.2d at 36 ( quoting Muhammad, N.W.2d! Certain amount of hard feelings court deadlines and appearances and work well with a lawyer 's with... Our last issue is to determine the appropriate sanction, Inc. v. Compeer,. Represent their clients interests aggressively, which may involve relying on the case at all the Prosecution! Fact, Robinson did not intervene in Aeilts 's license for one year, about! Way that is inadequate but not unethical adult, a man or woman of facts! Assertion that his lack of experience is a mitigating factor 2023 View Opinion No was done )! Consideration the totality of facts and circumstances in each case the commission that Aeilts 's conduct with to... Filed its first complaint against Fisher a criminal conviction, or misrepresentation of. Facets of the work was done, 156 ( Iowa 2019 ) be clear even to the Malicious Prosecution violated... Regenerative Medicine and iowa attorney discipline cases Institutes of Omaha, LLC lawyers are expected to meet high standards! Offering to do so and told C.B.W ( b ) Opinion No, about! Knowledge with those considerations in mind ( b ) motion for discovery sanctions to unethical. Not know that to be true 32:1.9 ( c ) lawyers are expected to meet professional..., disputes about the facts in lawsuits, disputes about the facts involve!
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