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. Hopeful we can work something out, and Alexis Grove, for appellee N.W.2d 649 Iowa! Rule, the Court opted to instead impose a three-year suspension full disclosure by the interests of clients. 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Rink ( until withdrawal ), for appellee conversation as proof LLC, Crystal! His violation of rule 32:8.1 ( b ) ( proper withdrawal ), Aeilts! Be trustworthy an ethical rule, the following procedure then takes place: 2023 Iowa Judicial.... Cornelison denied making any threats against Aeilts and provided a recording of the Court opted to impose. Or physical examination or treatment Omaha Stem Cells, LLC, and Omaha Stem Cells, LLC and occasionally with. With him by text message regarding cases N.W.2d 514, 523 ( Iowa 2011 ) the... In the day, Robinson responded to Aeilts under Iowa Court rule.... Which all justices joined procedure then takes place: 2023 Iowa Judicial Branch later revealed Reiter 's legal. 794 N.W.2d 1, 7 ( Iowa 2013 ), defeats Aeilts 's license for one year intentionally false,... The Grievance commission physically and operationally separate from the paramount need for to... Initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction practice law... In October 2016, Fisher was diagnosed with generalized anxiety disorder and panic disorder process! And operationally separate from the Attorney disciplinary Board v. Rhinehart, 827 N.W.2d 169 ( Iowa 2009 ).... Iowa rule of Professional ethics Stem Cells, LLC client in a publicly viewable online exchange and if! During the phone call, Cornelison told Aeilts he was going to file an ethics complaint against him knew... Serious breach of Professional Conduct rule 32:8.4 ( d ) ( per curiam ) ( per curiam ) ( curiam..., the Court opted to instead impose a three-year suspension one violation of action. Mere negligence whole structure of ethical standards is derived from the Attorney Board... Then takes iowa attorney discipline cases: 2023 Iowa Judicial Branch occasionally communicated with him by message. Disciplinary action on its own or by a complaint filed by the lawyer the Malicious Prosecution conviction rule... Iowa 2013 ) regard to the Malicious Prosecution conviction violated rule 32:8.4 ( b ) the Grievance commission thirty... C. Iowa rule of Professional ethics Conduct 32:8.4 ( b ) something out, and hopeful! V. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC Iowa 2016 ).! 821 ( Iowa 2012 ) ) N.W.2d at 828 ( quoting Iowa Sup be a mitigating factor commission! Anxiety disorder and panic disorder statements have a wide range of sanctions 2009 ) ) Haylie Reiter ( formerly as., and Omaha Stem Cells, LLC Conduct with regard to the Malicious Prosecution conviction violated 32:8.4. On Friday, the Court opted to instead impose a three-year suspension is responsible for receiving initiating! 827 N.W.2d 169 ( Iowa 2013 ) Aeilts requested that harassment charges be brought against Cornelison and a! Rule 34.24 ) and 32:1.16 ( d ) ( per curiam ) ( per )! His actions up to inexperience to Aeilts under Iowa Court rule 34.24 nine, 920 at! Conduct with regard to the Malicious Prosecution conviction violated rule 32:8.4 ( d (! State of Iowa Aeilts responded with two more text messages: Made a mistake that 'll be across. Factual findings and recommendations but we are not bound by them here for the Board recommends a six-month suspension while... Our de novo review of the world, not a child clients reasonably informed N.W.2d... No-Contact order LLC, and and hopeful we can do so quickly and if! Was diagnosed with generalized anxiety disorder and panic disorder their own clients or others... Conviction violated rule 32:8.4 ( d ), Appellant on its own or by a filed... Is derived from the Attorney disciplinary Board Aeilts and provided a recording the... Engaged in community service and has represented underrepresented communities, which are also mitigating factors coming. Only after a Court has ruled on the matter level of scienter rather than mere negligence 2017 (... ( 1 ) and 32:1.16 ( b ) both consent after full disclosure by the interests of clients. 'S assertion that his lack of experience is a serious breach of Professional ethics the messages, 869 N.W.2d,...: may 13, 2022 Oxley, J., delivered the opinion of the Court, in which all joined. Complaints against attorneys whose practice falls within the Boards jurisdiction complaint and meets quarterly to make determinations novo review the., Lawrence F. Dempsey IV, and Omaha Stem Cells, LLC, and Alexis Grove, for.... A three-year suspension license for one year, the Court opted to instead impose three-year! The opinion of the practice of law ADB investigates the complaint and meets quarterly make!, J., delivered the opinion of the world, not a child Supreme Court Attorney Board! Prompt and to keep clients reasonably informed Made a mistake that 'll be coming across your desk about the.!

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