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. We have already found Aeilts's attempt to harm Cornelison with false criminal allegations to be an aggravating factor. We disagree. v. Nine, 920 N.W.2d 825, 82728 (Iowa 2018)). 22-1646 Case No. 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 relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. (omission in original) (quoting Iowa Sup. See Iowa Sup. Curt N. Daniels, Chariton, The court sentenced Aeilts to three days in the Wayne County Jail and a $315 fine on the Malicious Prosecution charge. 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. WebI. v. Turner, 918 N.W.2d 130, 156 (Iowa 2018). It includes one's [moral] character and one's suitability to act as an officer of the court. Id. Ct. Att'y Disciplinary Bd. at 78385. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! Make sure you have an agreement about your lawyers fees, in writing if possible. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Only flagrant abuses will result in discipline and usually only after a court has ruled on the matter. Curt N. Daniels, Chariton, 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. Upon our de novo review of the record, we suspend Aeilts's license for six months. This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. Ct. Att'y Disciplinary Bd. 32:1.16(b)(1) and 32:1.16(d) (proper withdrawal). During the phone call, Cornelison told Aeilts he was going to file an ethics complaint against him. If the Board decides to dismiss your complaint, you will be notified in writing. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. Ct. Att'y Disciplinary Bd. The Grievance Commission holds fact-finding hearings on ethical complaints not able to be resolved through the ADB process. If you change your mind about the legal matter, keep the lawyer informed. 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. Against the mitigating factors present in this case we balance any aggravating factors. 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. We tax the costs of this action to Fisher in accordance with Iowa Court Rule 36.24(1). 32:1.5(a) (unreasonable fee agreement). One's fitness to practice law is determined by more than one's competency in legal matters. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. The commission granted the motion for sanctions. He was clearly intoxicated during the incident as he later blew a .122. Fisher denied the remaining allegations in his answer. v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). 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. Others are not. Ct. Att'y Disciplinary Bd. Weather related closures Wednesday, February 22, 2023, Archived Supreme Court Opinions Prior to 2017, Archived Court of Appeals Opinions from 1/10/2018 to 2/7/2018, Archived Court of Appeals Opinions from 2017 and Earlier, How to Become a Qualified Court Interpreter in Iowa, Information for Current Court Interpreters, State Court Administration Organizational Chart, Submission of CLE Programs by CLE Sponsors. 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. at 572. Fisher pursued a custody modification action in September and then a termination action in November. A hearing before the commission occurred November 2 through November 5, 2020, and reconvened on November 30. Id. Copyright 2023, Thomson Reuters. If a client is damaged by a lawyers negligence, another lawyer should be consulted as to whether legal action should be brought in court. While an ethics complaint and subsequent proceeding can be extremely unsettling, attorneys must be mindful and maintain respect throughout the entire disciplinary process. v. Keele, 795 N.W.2d 507, 50910 (Iowa 2011) (discussing lawyer's prior public reprimand for his convictions of OWI and possession of drug paraphernalia); Cannon, 821 N.W.2d at 88283 (suspending lawyer's license for thirty days for convictions for operating a boat while intoxicated, possession of cocaine, and OWI); Iowa Sup. Marzen, 949 N.W.2d at 243. v. Clarity, 838 N.W.2d 648, 660 (Iowa 2013) (treating prior military service as a mitigating factor). See Iowa Sup. No. v. Bartley, 860 N.W.2d 331, 337 (Iowa 2015). Aeilts ultimately tendered an Alford1 plea to the Malicious Prosecution charge in exchange for dismissal of the False Reporting charge. Id. Instead, we take into consideration the totality of facts and circumstances in each case. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. v. Noel, 923 N.W.2d 575, 582 (Iowa 2019). IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. Ten were misdemeanor OWIs; two were felonies. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. 21-0672 Case No. The recorded conversation revealed that Cornelison made no such threat. 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. Change a divorce decree, reverse a criminal conviction, or change any other ruling of a Court. We also found Postma committed other violations of our professional rules because he failed to obey a court order, failed to file several years of tax returns, neglected two estates, and failed to respond to the Board. 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. 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. On October 26, 2020, the Board amended its complaint to reflect a removal of a count but maintained ethical violations occurred during the representation or interactions with Haylie Reiter, Michelle Curry, Dustin Hallett, J.H., A.H., and C.B.W., along with various trust account violations. If there is any significant delay in receiving money from a lawyer or in getting a complete accounting, a complaint can be filed. There is no temporal overlap to mitigate Aeilts's conduct, and we reject his argument to the contrary. 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 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. In October 2016, Fisher was diagnosed with generalized anxiety disorder and panic disorder. 844 N.W.2d 456, 46263 (Iowa 2014). The Attorney Disciplinary Board has no jurisdiction of a negligence claim. 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. The entire complaint process is confidential until such time as the Grievance Commission files a report of its findings and a recommendation of public discipline with the Iowa Supreme Court. 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. at 683. booklet to help you choose and work well with a lawyer. Id. v. Axt, 791 N.W.2d 98, 102 (Iowa 2010)). 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. 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). We respectfully consider the commission's factual findings and recommendations but we are not bound by them. 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. v. Sears, 933 N.W.2d 214, 225 (Iowa 2019) (recognizing that attorney's lack of prior discipline was considered a mitigating factor; however, it did not weigh heavily because the misconduct started five months after the attorney was admitted to the Iowa bar). at 338 (quoting Iowa Sup. at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. No. You should contact your local bar association to determine if it has a committee to which your fee dispute may be submitted. Fisher also filed a frivolous motion for sanctions. Ct. Att'y Disciplinary Bd. First, Aeilts's allocution statements were not off-the-cuff nervous chatter but were made, in his words, specifically to clarify a misrepresentation that was made about [his] history. Second, we are particularly troubled by Aeilts's attempt to minimize his experience to look more favorable to the sentencing judge. Both the Board and Fisher filed briefs in support of a one-year suspension. Aeilts also misrepresented material facts to law enforcement when he reported to Officer Donelson that Cornelison threatened to physically assault him, seeking to press criminal charges for harassment and obtain a no-contact order. Further, the messages were not unlike requests for leniency and a quick disposition an attorney might ask for any other client. See Iowa Sup. v. Cunningham, 812 N.W.2d 541, 553 (Iowa 2012) (determining we will not view a lawyer's prior discipline as an aggravating factor when the conduct occurred during the same timeframe as the current violation before the court). On February 7, 2017, Michelle Curry hired Fisher to represent her in a marriage dissolution. 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. WebThe first is the Attorney Disciplinary Board. See McGinness, 844 N.W.2d at 46364. 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). Fee arbitration is an alternative method of resolving a fee dispute. It also has 35 lay members. Ct. Att'y Disciplinary Bd. When determining the appropriate sanction, [w]e respectfully consider the commission's findings and recommendations, but they do not bind us. Iowa Sup. The Board recommends a six-month suspension, while Aeilts asks for thirty days. at 78788. Fisher and the Board did not contest the commission's legal conclusions. I had never handled anything else. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct He or she is also better educated than most people, more sophisticated and more sharply sensitized to the legal implications of a situation. 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. We considered his cooperation with the Board, completion of substance abuse and mental health treatment, and his acceptance of responsibility as mitigating factors. Weather related closures Wednesday, February 22, 2023, Archived Supreme Court Opinions Prior to 2017, Archived Court of Appeals Opinions from 1/10/2018 to 2/7/2018, Archived Court of Appeals Opinions from 2017 and Earlier, How to Become a Qualified Court Interpreter in Iowa, Information for Current Court Interpreters, State Court Administration Organizational Chart, Submission of CLE Programs by CLE Sponsors. Id. 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. On April 27, 2021, the Board filed an ethics complaint against Aeilts alleging that Aeilts violated the following Rules of Professional Conduct: rule 32:8.4(b), based on Aeilts's criminal convictions for malicious prosecution and OWI; rule 32:8.4(c), based on Aeilts's misrepresentations to Officer Donelson concerning Cornelison's threats of physical violence and his separate misrepresentations about his professional experience during his sentencing allocution; and rule 32:8.4(d), based on Aeilts's misrepresentations that subjected Cornelison to criminal charges and his text messages to Robinson, the Assistant Marion County Attorney, related to his OWI charges. 21-0774 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. On Friday, the court opted to instead impose a three-year suspension. In summary, we conclude Aeilts violated rules 32:8.4(b), 32:8.4(c), and 32:8.4(d). 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. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. v. Stoller, 879 N.W.2d 199, 212 (Iowa 2016) (quoting 7A C.J.S. 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. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. We turn first to Aeilts's misrepresentations during his allocution. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. AEILTS. 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. Ct. Att'y Disciplinary Bd. 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. v. Bowles, 794 N.W.2d 1, 7 (Iowa 2011). 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. But even if he simply misspoke, it was still a matter constituting misconduct. Id. C. Appropriate Sanction. 160, 27 L.Ed.2d 162 (1970). Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. We tax the costs of this action to Aeilts under Iowa Court Rule 36.24(1). It can order mental or physical examination or treatment. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. Fisher did not respond to a guardian ad litem's continuance motion and did not update A.H. on various aspects of the case. Lawyers, like other professionals, sometimes make mistakes. 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). 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. 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. WebI. The Board points out one attorney disciplinary case involving malicious prosecution: Iowa Supreme Court Board of Professional Ethics & Conduct v. Postma, 555 N.W.2d 680 (Iowa 1996). Ct. Att'y Disciplinary Bd. Iowa Sup. v. Sporer, 897 N.W.2d 69, 8485 (Iowa 2017). 824 N.W.2d at 51011. WebThe first is the Attorney Disciplinary Board. Fisher made it difficult for Hallett's new attorney to obtain independent documentation about the trust account funds for Hallett and Hallett's client file. Resolve claims of ineffective assistance of counsel or violation of constitutional rights in a criminal proceeding. How frequently and by what means will we communicate? If you change your address or phone number, let your lawyer know right away. Most complaints that involve the behavior of an attorney outside the practice of law, such as rudeness, the use of profanity, landlord-tenant disputes and debtor-creditor matters, are not within the Boards jurisdiction. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. Expect your lawyer to keep you informed of all important developments. Curt N. Daniels, Chariton, We agree with the commission that Aeilts's conduct in texting Robinson did not interfere with or prejudice the administration of justice and did not violate rule 32:8.4(d). IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. 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 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. Copyright 2023, Thomson Reuters. The nature of those violations is also an aggravating factor. Fisher failed to do so. Fisher also failed to meet various deadlines and inform clients of important updates in their cases. Id. (quoting Iowa Sup. The parties dispute whether Aeilts's conduct during his arrest for OWI violated rule 32:8.4(d) when he sent text messages to Assistant County Attorney Robinson. I had never handled so much as a simple assault. Based on these violations, the commission recommended a suspension of one year. Donelson asked Aeilts if he had a recording of the conversation. However, criminal or fraudulent conduct may be subject to discipline. 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. On October 23, 2019, the Board filed its first complaint against Fisher. Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. WebI. Ct. Att'y Disciplinary Bd. v. Beauvais, 948 N.W.2d 505, 515 (Iowa 2020) (quoting Iowa Sup. How long will the matter take? v. Turner, 918 N.W.2d 130, 15354 (Iowa 2018). Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. You may or may not be called on by an investigator. The Board may dismiss the complaint or impose a private admonition. 32:8.4(d) (misconduct prejudicial to justice). Although Cornelison was not his client, the incident arose from Aeilts's representation of a client. Aeilts's assertions that he did not know alleging a threat of bodily harm was an indictable offense and that he did not intend for Cornelison to be charged with an indictable offense are also without merit. [M]isrepresentation is a serious breach of professional ethics. Id. Ct. Att'y Disciplinary Bd. v. Deremiah, 875 N.W.2d 728, 737 (Iowa 2016). A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer. We revoked Postma's license. Upon our de novo review of the record, we agree with the commission's factual findings. Introduction. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of 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 disciplinary and complaint process is funded by an assessment on all lawyers admitted to the practice of law in Iowa. The commission set forth its factual findings, conclusions of law, analysis of mitigating and aggravating factors, and sanction in a report filed March 8, 2021. An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). On Friday, the court opted to instead impose a three-year suspension. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. at 571. 32:8.1(b) (responding in disciplinary proceedings). 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. 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. 45.7(4) (notification of fee withdrawal). A. Haylie Reiter. v. Marzen, 949 N.W.2d 229, 239 (Iowa 2020) (quoting Iowa Sup. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Inform clients of important updates in their cases November 30 Board decides to dismiss your complaint you. Lawyer or in getting a complete accounting, a complaint form may be to. Version of the record, we are not bound by them November 5,,. By an investigator is Iowa SUPREME court Crystal W. Rink ( until withdrawal ) in a! Or disciplinary action on its own or by a complaint can be filed disciplinary process v.,. Clients interests aggressively, which may involve relying on the clients version of the.. ] isrepresentation is a serious breach of professional ethics we reject his argument to the sentencing judge upon de., Michelle Curry hired Fisher to represent her in a matter unless consent! His plate and, as a result, missed court deadlines and appearances Iowa 2013 ) have. 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