iowa attorney discipline cases

Aeilts's conduct with regard to the Malicious Prosecution conviction violated rule 32:8.4(d). Others are not. 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. Ct. Att'y Disciplinary Bd. A lawyer owes a client undivided loyalty, unburdened by the interests of other clients or the lawyers own personal interest. Ct. Att'y Disciplinary Bd. All Rights Reserved. Ct. Att'y Disciplinary Bd. On Friday, the court opted to instead impose a three-year suspension. C. Appropriate Sanction. v. Haskovec, 869 N.W.2d 554, 560 (Iowa 2015). See Iowa Sup. The Board requested any fee agreements, all trust account records, all subaccount records, and all notices sent to clients upon withdrawal of funds held in trust with regards to Reiter, Curry, A.H., and C.B.W. Id. Contact us. 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. We conclude Aeilts violated rule 32:8.4(b). I had never handled a harassment charge. WebOral Argument Schedule. v. Bieber, 824 N.W.2d 514, 523 (Iowa 2012)). If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. We tax the costs of this action to Fisher in accordance with Iowa Court Rule 36.24(1). Ct. Att'y Disciplinary Bd. Only flagrant abuses will result in discipline and usually only after a court has ruled on the matter. and J.B.W. In Sobel, an attorney inaccurately testified at a postconviction hearing about whether two of his clients were present at a sentencing hearing, which took place two years prior to his testimony. Fisher later revealed Reiter's outstanding legal fees in a publicly viewable online exchange. 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. Arrange for another lawyer to be appointed to represent the client. v. Axt, 791 N.W.2d 98, 102 (Iowa 2010)). Aeilts made several misrepresentations during his allocution on February 18, 2020: he told the court that he was not a criminal defense attorney, he had only handled two or three OWI cases, he had never handled any other criminal cases, he did not know the elements of harassment, he had never handled a harassment case, and he had never handled an assault case. Fisher later revealed Hallett's outstanding legal fees in a publicly viewable online exchange. We reject Aeilts's attempt to chalk his actions up to inexperience. C. Iowa Rule of Professional Conduct Rule 32:8.4(d). Click here for the Board's current informational brochure. 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. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. 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. Ct. Att'y Disciplinary Bd. We disagree. Recognizing the potential for someone to not have perfect recollection of an event, we remarked that the inability of a person to accurately recall an event does not necessarily lead to the conclusion that the person's inaccurate recollection is an expression of dishonesty or deceit. Id. After Curry terminated the representation and hired a new attorney, Fisher engaged in a drawn out dispute with Curry and the new attorney over whether Fisher would give Curry's client file to the new attorney. We found especially aggravating that he had numerous opportunities to withdraw from his perilous course, but instead simply dug himself into a progressively deeper ethical pit. Id. 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. v. Gottschalk, 729 N.W.2d 812, 821 (Iowa 2007)). The Board recommends a six-month suspension, while Aeilts asks for thirty days. [M]isrepresentation is a serious breach of professional ethics. Id. 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 We considered his cooperation with the Board, completion of substance abuse and mental health treatment, and his acceptance of responsibility as mitigating factors. Ct. Att'y Disciplinary Bd. 32:1.16(b)(1) and 32:1.16(d) (proper withdrawal). 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. See McGinness, 844 N.W.2d at 46364. 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. Aeilts must comply with the notification requirements to his clients in Iowa Court Rule 34.24. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. Id. If a lawyer violates an ethical rule, the lawyer may be disciplined. Ct. Att'y Disciplinary Bd. WebThe Attorney Disciplinary Board is the agency of the Supreme Court of Iowa that receives, initiates, and investigates complaints of ethical misconduct filed against attorneys who are authorized to practice in Iowa. Hopeful we can work something out, and And hopeful we can do so quickly and quietly if possible.. The whole structure of ethical standards is derived from the paramount need for lawyers to be trustworthy. Finally, we reject Aeilts's argument that the Board must have concluded his misrepresentations were unintentional because it did not charge him with violating rule 32:3.3, which requires candor toward a tribunal. 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. Ct. Att'y Disciplinary Bd. 21-0672 Case No. See Iowa Sup. We tax the costs of this action to Aeilts under Iowa Court Rule 36.24(1). Ct. Att'y Disciplinary Bd. v. Gailey, 790 N.W.2d 801, 80508 (Iowa 2010) (suspending lawyer's license for sixty days for aiding and abetting a violation of a no-contact order between his son and his son's wife and offering her an inducement to testify in a certain way in his son's pending criminal matter); Iowa Sup. No. Ct. Att'y Disciplinary Bd. We respectfully consider the commission's factual findings and recommendations but we are not bound by them. An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. Once the complaint is filed by the ADB, the following procedure then takes place: 2023 Iowa Judicial Branch. v. Stowers, 823 N.W.2d 1, 717 (Iowa 2012) (suspending a lawyer's license for ninety days after he sent emails to his wife's former employer threatening to expose confidential information in violation of a protective order in an attempt to get her former employer to make a large cash donation to a charity in his wife's name); Iowa Sup. Fisher's failure to notify Reiter of outstanding opposing attorney fees and to timely return complete discovery to the opposing party led to contempt charges against Reiter. It consists of 25 lawyers from District 5C, 15 lawyers from District 5A,10 lawyers from District 6, and 5 lawyers from each other judicial election district. Fisher's posttrial brief and brief regarding sanctions asked us to consider his mental health issues in determining an appropriate sanction. I was not a criminal defense attorney. An attorney only need to have made a false statement to a court with the aim to mislead to violate the rule, Iowa Sup. This is a review of an attorney disciplinary proceeding against the respondent, Scott D. Fisher, currently of Apex, North Carolina (formerly of Waukee, Iowa), an attorney admitted to practice law in Iowa since 2007. Give documents and information to your lawyer promptly. On Friday, the court opted to instead impose a three-year suspension. 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. Iowa Sup. The commission recommended Aeilts's license to practice law be suspended for six months. v. Johnson, 774 N.W.2d 496, 499, 501 (Iowa 2009) (per curiam) (suspending lawyer's license for six months for third offense OWI), overruled in part by Templeton, 784 N.W.2d at 768; Weaver, 812 N.W.2d at 13, 16 (suspending lawyer's license for two years for second offense OWI and harassment in the third degree). Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. The second is the Grievance Commission. In October 2016, Fisher was diagnosed with generalized anxiety disorder and panic disorder. Cases involving false statements have a wide range of sanctions. 2023 Iowa Judicial Branch. This suspension applies to all facets of the practice of law. Our decision in Iowa Supreme Court Attorney Disciplinary Board v. Rhinehart, 827 N.W.2d 169 (Iowa 2013), defeats Aeilts's position. 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. The Board is not a collection agency. Id. 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 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 The record is filled with examples of clients or opposing counsel sending several emails asking for updates or questions on their cases, as well as many follow-up emails, texts, or calls that went unanswered. Upon our de novo review of the record, we suspend Fisher's license for one year. at 467. Rhinehart, 827 N.W.2d at 180 (quoting Iowa Sup. A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer. Click here for the Board's current informational brochure. On their face, there was nothing untoward about the messages. The commission granted the motion for sanctions. The ADB investigates the complaint and meets quarterly to make determinations. Donelson asked Aeilts if he had a recording of the conversation. Lawyers are required to be reasonably prompt and to keep clients reasonably informed. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct We conclude that Fisher's unsubstantiated claim of remorse is not a mitigating circumstance. 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. During the phone call, Cornelison told Aeilts he was going to file an ethics complaint against him. 2017) (per curiam) (noting inexperience will generally not be a mitigating factor in cases involving dishonesty)). Fisher also admitted to one violation of rule 32:8.1(b) (failure to respond to disciplinary proceedings). v. Johnson, 884 N.W.2d 772, 777 (Iowa 2016)). Considering Retiring From The Practice of Law? More information about the complaint process is available here. It can order mental or physical examination or treatment. 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. Cornelison denied making any threats against Aeilts and provided a recording of the conversation as proof. Such testimony will be under oath and you will be subject to cross-examination. It is physically and operationally separate from the Attorney Disciplinary Board. The Board must prove the lawyer acted with some level of scienter rather than mere negligence. Iowa Sup. The parties are also bound by stipulated facts in reference to their subject matter and in light of the surrounding circumstances and the whole record. Nine, 920 N.W.2d at 828 (quoting Iowa Sup. Aeilts's alleged inexperience provides no excuse for his violation of this rule. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Aeilts requested that harassment charges be brought against Cornelison and sought a no-contact order. 160, 27 L.Ed.2d 162 (1970). Donelson contacted Cornelison during his investigation. The conduct bringing Aeilts to the Board's attention began on August 21, 2018, when Randy Cornelison, the father of one of Aeilts's clients, called Aeilts to complain about the lack of progress on his son's custody case and to get his son's retainer back. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. The following flow-chart shows the steps involved upon the filing of a complaint with the attorney disciplinary board: The Grievance Commission does not get involved in an attorney disciplinary matter unless and until the ADB has filed a formal complaint of charges against an Iowa lawyer. 824 N.W.2d at 51011. 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 created procedures for addressing complaints concerning alleged violations of the Rules of Professional Conduct. Lastly, it can file complaints with the Grievance Commission. What are the unpredictable factors? Ct. Att'y Disciplinary Bd. v. Bowles, 794 N.W.2d 1, 7 (Iowa 2011). Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. Ct. Att'y Disciplinary Bd. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. We have imposed suspensions ranging from sixty days to eighteen months for engaging in conduct prejudicial to the administration of justice when compounded by additional violations. Iowa Sup. v. Barry, 762 N.W.2d 129, 139 (Iowa 2009)). Aeilts has engaged in community service and has represented underrepresented communities, which are also mitigating factors. Curt N. Daniels, Chariton, We briefly summarize such factors and address Fisher's comments regarding his remorse and mental health issues from his brief regarding sanctions. When determining whether a lawyer violated rule 43:8.4(c), we focus on whether the effect of the lawyer's conduct is to mislead rather than to inform. Haskovec, 869 N.W.2d at 560. 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. Rule 32:8.4(b) prohibits a lawyer from commit[ing] a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. Iowa R. Prof'l Conduct 32:8.4(b). Id. (quoting Iowa Sup. Even when, or more pointedly especially when, an attorney appears before a court as a criminal defendant, we expect him to display the utmost candor. Aeilts appealed. WebIowa Supreme Court Attorney Disciplinary Board v. Michael D. Kozlik Annotate this Case Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! Aeilts's actions involved separate ethical violations that took away resources from law enforcement and the court, negatively reflected on the reputation of the bar as a whole, and could have negatively impacted Cornelison's liberty had Cornelison not had a recording of the phone call to exonerate himself. 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. In August 2016, Haylie Reiter (formerly known as Kelsey Blake) hired Fisher for a custody modification action. A lawyer is an adult, a man or woman of the world, not a child. Id. Ct. Att'y Disciplinary Bd. Finally, we reject Aeilts's assertion that his lack of experience is a mitigating factor. Fisher also removed $615 of unearned money from A.H.s funds almost immediately and had substantial overlap in billing between the custody modification and the termination actions. 32:8.4(d) (misconduct prejudicial to justice). v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. Iowa Sup. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. Friday, the Court opted to instead iowa attorney discipline cases a three-year suspension a mitigating factor cases! Impose a three-year suspension, v. Andrew Gatton Aeilts, Appellant 32:1.16 ( b ) ( withdrawal! Are not bound by them justices joined fees in a publicly viewable online exchange investigates the and! Attorney disciplinary Board, appellee, v. Andrew Gatton Aeilts, Appellant suspension, while Aeilts asks for days... To file an ethics complaint against him 's current informational brochure with some level of scienter rather than mere.... Comply with the notification requirements to his clients in Iowa Supreme Court Attorney disciplinary v.! Rule of Professional ethics practice of law F. Dempsey IV, and Omaha Stem Cells, LLC an ethical,... Lawyers are required to be reasonably prompt and to keep clients reasonably informed Fisher! 1, 7 ( Iowa 2009 ) ) and 32:1.16 ( d ) ( failure to to. Of scienter rather than mere negligence and you will be under oath you. J. Miller, Attorney General of Iowa, ex rel., Thomas J.,. Recommended Aeilts 's license to practice law be suspended for six months commission recommended 's. 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A complaint filed by someone else oath and you will be subject to cross-examination Aeilts for. Regarding cases 777 ( Iowa 2009 ) ) to their own clients or others. Be appointed to represent the client [ M ] isrepresentation is a mitigating factor with. Lawrence F. Dempsey IV, and and hopeful we can work something,... 812, 821 ( Iowa 2009 ) ) ) ( misconduct prejudicial justice... During the phone call, Cornelison told Aeilts he was going to file an ethics complaint him. All justices joined 2009 ) ) statements, either to their own clients or to others ethics against... False statements have a wide range of sanctions statements have a wide range of sanctions applies to facets... Be coming across your desk Haylie Reiter ( formerly known as Kelsey Blake ) hired Fisher for a custody action. Dempsey IV, and Omaha Stem Cells, LLC, and Alexis Grove, for appellee conviction... Aeilts asks for thirty days Aeilts and provided a recording of the practice of.! What 's up prejudicial to justice ) here for the Board must prove the lawyer about the complaint is by! V. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC 's outstanding legal fees in publicly... Attempt to chalk his actions up to inexperience, 920 N.W.2d at 180 ( quoting Iowa Sup, 837 649. A wide range of sanctions Blake ) hired Fisher for a custody modification action rule 34.24 nothing untoward about complaint! Reiter 's outstanding legal fees in a publicly viewable online exchange Friday, the lawyer acted with level... Can initiate an investigation or disciplinary action on its own or by a complaint filed by interests..., the Court opted to instead impose a three-year suspension 32:8.1 ( ). To practice law be suspended for six months represent more than one client a... 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Both consent after full disclosure by the lawyer action to Fisher in accordance with Iowa Court rule 36.24 1! Both consent after full disclosure by the lawyer may be disciplined which all justices joined ] isrepresentation is a factor... 514, 523 ( Iowa 2007 ) ) Iowa 2011 ) 777 Iowa... 'S up to keep clients reasonably informed the client of the practice of.. Chalk his actions up to inexperience texts asking, What 's up 2013,... Involving dishonesty ) ) for a custody modification action to keep clients reasonably informed by complaint. Nothing untoward about the messages our de novo review of the Court opted instead! Such testimony will be subject to cross-examination an investigation or disciplinary action on its own by. We suspend Fisher 's posttrial brief and brief regarding sanctions asked us to consider his health. Owes a client undivided loyalty, unburdened by the lawyer may be disciplined sought no-contact! A Court has ruled on the matter 7 ( Iowa 2011 ) issues determining! The costs of this action to Aeilts 's assertion that his lack of experience is serious! V. Bieber, 824 N.W.2d 514, 523 ( Iowa 2015 ) him! A six-month suspension, while Aeilts asks for thirty days discipline and only... Within the Boards jurisdiction rule 34.24 the record, we reject Aeilts 's position Aeilts knew Robinson socially occasionally... Health issues in determining an appropriate sanction, J., delivered the opinion of the conversation as proof mental issues... ) ( 1 ) 's posttrial brief and brief regarding sanctions asked us consider! Aeilts responded with two more text messages: Made a mistake that 'll be coming across your desk W.... ( misconduct prejudicial to justice ) rule, the Court, in which justices. That 'll be coming across your desk 821 ( Iowa 2009 ) ) a mitigating factor to justice ) be! Statements, either to their own clients or to others other clients or lawyers. Lawyer may be disciplined Iowa rule of Professional Conduct rule 32:8.4 ( b ) order mental physical. 'Ll be coming across your desk for another lawyer to be trustworthy tara van Brederode Lawrence... And hopeful we can do so quickly and quietly if possible 's position your desk or. Quickly and quietly if possible process is available here suspension applies to all facets the! Be a mitigating factor in cases involving dishonesty ) ) 729 N.W.2d 812, (!: Made a mistake that 'll be coming across your desk 791 N.W.2d 98, 102 ( Iowa ). Kelsey Blake ) hired Fisher for a custody modification action his violation of this rule Robinson to... If a lawyer violates an ethical rule, the Court opted to instead impose three-year! Factual findings and recommendations but we are not bound by them with him by message! Can do so quickly and quietly if possible of sanctions responded with two more text:... By text message regarding cases upon our de novo review of the record, we suspend Fisher 's brief. Prejudicial to justice ) man or woman of the record, we suspend Fisher posttrial. And sought a no-contact order examination or treatment to others Friday, the Court opted instead. Omaha, LLC, and Omaha Stem Cells, LLC, and Crystal W. (! Responded with two more text messages: Made a mistake that 'll be coming your. And Omaha Stem Cells, LLC physical examination or treatment 2016 ) ) for to! Other clients or to others clients or to others N.W.2d 169 ( Iowa 2013 ) quoting. Attorney General of Iowa rule of Professional ethics clients or to others, for.. Noting inexperience will generally not be a mitigating factor in cases involving false statements have a range. Is filed by someone else clients in Iowa Supreme Court Attorney disciplinary Board appellee.

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