v. Clarity, 838 N.W.2d 648, 663 (Iowa 2013) (imposing a one-year suspension for neglect, trust account violations, unreasonable fees, and other violations); Iowa Sup. 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. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. at 176 (recognizing that rule 32:3.3 is found in the Advocate section of the rules). In Khowassah, we found an attorney violated rule 32:8.4(b) when he committed his second OWI and rule 32:8.4(c) because he kept military leave pay that he was not entitled to receive. Fisher took daily medication of Prozac and Xanax. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct 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. 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. WebI. 21-0672 Case No. Ct. Att'y Disciplinary Bd. An attorney's conduct is prejudicial to the administration of justice when it violates the well-understood norms and conventions of the practice of law such that it hampers the efficient and proper operation of the courts or of ancillary systems upon which the courts rely.. Ct. Att'y Disciplinary Bd. WebOral Argument Schedule. 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. In fact, it does the opposite. v. Wheeler, 824 N.W.2d 505, 509 (Iowa 2012). The commission determined Fisher violated the following ethics rules, several of which reoccurred between clients: 32:1.4(a)(2), (3), and (4) (client communication). However, mental health challenges must show a relationship to the unethical conduct to be considered a mitigating circumstance. 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. Here, Aeilts sought to have Cornelison prosecuted for harassment, having no reasonable grounds for believing he committed harassment; Aeilts's report caused law enforcement and prosecutorial resources to be diverted in an investigation; and Aeilts's conduct hampered the efficient and proper operation of the ancillary systems upon which the courts rely. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. It is physically and operationally separate from the Attorney Disciplinary Board. If you change your mind about the legal matter, keep the lawyer informed. We consider these cases in assessing an appropriate suspension in this case. Change the fee a lawyer charged or require a refund. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! How long will the matter take? 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. 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). We review the alleged violations and evidence de novo to ensure that the Board has proven each allegation of misconduct by a convincing preponderance of the evidence. Lastly, it can file complaints with the Grievance Commission. Aeilts argues that prior cases involving frivolous filings are more comparable to his case. Iowa Sup. We revoked Postma's license. 45.2(3)(c) (types of acceptable records for funds). Id. The nature of those violations is also an aggravating factor. 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. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. This suspension applies to all facets of the practice of law. I had never handled so much as a simple assault. I had handled maybe two or three OWIs. 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. Iowa Sup. 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 briefly summarize such factors and address Fisher's comments regarding his remorse and mental health issues from his brief regarding sanctions. In August 2016, Haylie Reiter (formerly known as Kelsey Blake) hired Fisher for a custody modification action. Despite this uncertainty, he emailed J.H.s mother that he possessed an affidavit of service and he was going to terminate J.H.s parental rights at a hearing even though he later filed a continuance. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. at 68283. to represent themselves pro se because most of the work was done. 32:1.9(c)(2) (revealing confidential information of a former client). In response to Cornelison's request for the return of his son's $400 retainer, Aeilts filed a false police report and requested harassment charges be brought against Cornelison. B. Michelle Curry. Aeilts requested that harassment charges be brought against Cornelison and sought a no-contact order. Id. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! Attorney & Client 103, at 24 (2015)). Please try again. 844 N.W.2d 456, 46263 (Iowa 2014). 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. Id. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. The Iowa Supreme Court has granted immunity to anyone who files a complaint or gives testimony with regard to a complaint. A lawyer might handle a matter in a way that is inadequate but not unethical. In Iowa Supreme Court Attorney Disciplinary Board v. McGinness, we found an attorney violated rules 32:8.4(c) and 32:8.4(d) when he falsified the certificate of service on civil discovery requests he failed to send to opposing counsel and then doubled down to the point of hiring a handwriting expert to support his insistence he had not copied the certificate from another filing when confronted. Sometimes, but such complaints often fail to understand our adversary system of justice. Stay up-to-date with how the law affects your life. Id. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. Ten were misdemeanor OWIs; two were felonies. In Ramey, we held that a prosecutor's statement to the district court that he personally checked the serial numbers on the bills he was offering as an exhibit with the serialized list was a misrepresentation in violation of DR 1102(A)(4), the precursor to rule 32:8.4(c). 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. The following considerations factor into our determination of whether there was a rule 32:8.4(b) violation: the lawyer's mental state; the extent to which the act demonstrates disrespect for the law or law enforcement; the presence or absence of a victim; the extent of actual or potential injury to a victim; and the presence or absence of a pattern of criminal conduct. Donelson asked Aeilts if he had a recording of the conversation. Ct. Att'y Disciplinary Bd. Inaccurately recalling a client's presence at a hearing two years prior is a far cry from inaccurately recalling one's own experience and the types of cases worked on. v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). at 78385. The ADB can dismiss meritless complaints and can issue certain types of discipline. We recognized that [l]awyers cannot be excused for false statements on the basis of a sloppy, or even casual, unawareness of the truth. Id. This standard is more demanding than proof by a preponderance of the evidence but less demanding than proof beyond a reasonable doubt. Id. I had never handled anything else. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Ct. Att'y Disciplinary Bd. [F]or purposes of attorney discipline, offenses against common honesty should be clear even to the youngest lawyers Iowa Sup. The commission granted the motion for sanctions. Sue a lawyer for careless work, or do work a lawyer failed to do. He stopped regularly meeting with a psychiatrist in March 2017 but still takes medication. Depending on the severity of the misrepresentations, [this Court] ha[s] imposed sanctions ranging from reprimand to license revocation. Id. A lawyer owes a client undivided loyalty, unburdened by the interests of other clients or the lawyers own personal interest. Hopeful we can work something out, and And hopeful we can do so quickly and quietly if possible.. The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. Ct. Att'y Disciplinary Bd. 45.7(4) (notification of fee withdrawal). at 57172. Aeilts also argues his conduct occurred over a short three-week period, and therefore, the temporal overlap is a mitigating factor. 1. The sanction for an OWI and additional criminal conduct ranges from public reprimand up to a two-year license suspension. I didn't know the elements of harassment. I was not a criminal defense attorney. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. 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. Change a divorce decree, reverse a criminal conviction, or change any other ruling of a Court. 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. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. 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). Donelson contacted Cornelison during his investigation. 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. Fee arbitration is an alternative method of resolving a fee dispute. However, because we review attorney disciplinary matters de novo, we address each alleged violation. Aeilts also falsely subjected Cornelison to criminal charges for harassment based on his misrepresentations to Officer Donelsoncharges Cornelison was able to avoid only because he had an audio recording of the phone call. (quoting Templeton, 784 N.W.2d at 767). We also note that Fisher admitted to wrongdoing for some of the Board's charges either in his answer or during the proceedings. If there is any significant delay in receiving money from a lawyer or in getting a complete accounting, a complaint can be filed. 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. They then issue a Finding of Fact and Recommendation of Sanction. This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. After conducting our review, we agree with the Board and the commission that Aeilts violated all of the alleged rules. The Iowa Supreme Court Grievance Commission (commission) determined the Board proved a majority of its charges and recommends we suspend Fisher's license for one year. Introduction. Pursuant to Iowa Court Rule 35.11(2), the Iowa Supreme Court Attorney Disciplinary Board was granted permission to appeal from the findings and recommendations of the Grievance Commission concerning alleged disciplinary rule violations by the respondent attorney. The Attorney Disciplinary Board has no jurisdiction of a negligence claim. Id. Ct. Att'y Disciplinary Bd. v. Blessum, 861 N.W.2d 575, 591 (Iowa 2015). The fact that some clients were ultimately successful in their legal proceedings does not justify the stress that they endured during the attorneyclient relationship with Fisher. Considering Retiring From The Practice of Law? In Rhinehart, we determined that rule 32:3.3 target[s] only the conduct of an attorney while serving as an advocate representing a client. Id. WebThe first is the Attorney Disciplinary Board. Aeilts drove his car through a cornfield, damaging his vehicle and the field, and placed other drivers at risk of injury when he then drove another six miles before being stopped. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. Pursuant to Iowa Court Rule 35.11(2), the Iowa Supreme Court Attorney Disciplinary Board was granted permission to appeal from the findings and recommendations of the Grievance Commission concerning alleged disciplinary rule violations by the respondent attorney. Considering Retiring From The Practice of Law? v. Cannon, 821 N.W.2d 873, 878 (Iowa 2012) (concluding attorney violated rule 32:8.4(b) based on conviction for OWI, first offense, where he damaged the parking lot of a grocery store and operated a motor vehicle while intoxicated creat[ing] grave risk of potential injury to others (omission in original) (quoting Iowa Sup. E. A.H. On September 1, 2017, A.H. and Fisher entered into an attorneyclient relationship. All Rights Reserved. Aeilts's conduct had the effect to mislead rather than inform and was a violation of rule 32:8.4(c). Id. If the Board decides to file a formal complaint with the Grievance Commission, those proceedings require additional time. At the time of the facts giving rise to this case, I was not a criminal defense attorney. The charges involved client neglect, mishandling funds and trust accounts, revealing confidential information of former clients on the internet, false statements, frivolous filings, improperly withdrawing from a case, conduct prejudicial to justice, and failing to cooperate with the Board. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. The commission concluded that Aeilts violated all the rules alleged by the Board but agreed with Aeilts that he did not violate rule 32:8.4(d) when he texted the assistant county attorney. 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. 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. Iowa Sup. What are the unpredictable factors? On October 23, 2019, the Board filed its first complaint against Fisher. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. 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). v. Moonen, 706 N.W.2d 391, 402 (Iowa 2005) (holding that [h]arm to others is an aggravating factor). We agree with the commission that Aeilts's conduct during his allocution violated rule 32:8.4(c). Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. Cases involving false statements have a wide range of sanctions. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct See Iowa Sup. Our decision in Iowa Supreme Court Attorney Disciplinary Board v. Rhinehart, 827 N.W.2d 169 (Iowa 2013), defeats Aeilts's position. (omission in original) (quoting Iowa Sup. The second is the Grievance Commission. 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. The parties waived a formal hearing and submitted the matter on the basis of a Partial Stipulation. Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. 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. We also stress that the misconduct impacted children through custody modification or termination actionspractice areas which Fisher held out as being his expertise. 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. The nature of Aeilts's conduct is an aggravating factor in this case. 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. 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