v. Johnson, 884 N.W.2d 772, 777 (Iowa 2016)). 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. Ct. Att'y Disciplinary Bd. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. 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 receives the initial complaint of unethical conduct by Iowa attorneys. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer. v. Muhammad, 935 N.W.2d 24, 38 (Iowa 2019)). Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. If a client is damaged by a lawyers negligence, another lawyer should be consulted as to whether legal action should be brought in court. WebI. Ct. Att'y Disciplinary Bd. v. Bowles, 794 N.W.2d 1, 7 (Iowa 2011). Recent Iowa ethics opinions and orders suggest the following areas in which Iowa lawyers are more likely to experience difficulty, and prompt the following advice: The attorney disciplinary process in Iowa involves two separate entities. The Rules of Professional Conduct (located at Chapter 32 of the Iowa Court Rules) set forth numerous ethics requirements that apply to all aspects of attorneys practice, from client confidentiality to trial conduct. We do not apply a standard sanction in particular types of attorney disciplinary cases. 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. v. Turner, 918 N.W.2d 130, 15354 (Iowa 2018). A one-year suspension would be in line with other attorney disciplinary cases. See Iowa Sup. v. Widdison, 960 N.W.2d 79, 98 (Iowa 2021) (suspending lawyer's license for ninety days because he filed a frivolous case against his ex-wife); Iowa Sup. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. FISHER. Finally, he certainly should have known the elements of harassment after representing two clients against harassment chargesanother misrepresentation since he told the court that he had never handled a harassment charge. Aeilts's dishonest statements misled the court about his prior criminal work experience. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. 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. 32:8.1(b) (responding in disciplinary proceedings). 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion 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. No. Ct. Att'y Disciplinary Bd. We review attorney disciplinary proceedings de novo. In June 2017, Dustin Hallett asked Fisher to file a custody modification action to gain sole custody of two minor children from Rebecca Holbrook, but Fisher struggled to get Holbrook served. On October 1, Aeilts was charged with Malicious Prosecution in violation of Iowa Code section 720.6 and with False Report of an Indictable Offense to a Public Entity in violation of Iowa Code section 718.6(1) for his conduct related to pressing harassment charges against Cornelison. 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. E. A.H. On September 1, 2017, A.H. and Fisher entered into an attorneyclient relationship. 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. 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. 32:1.16(b)(1) and 32:1.16(d) (proper withdrawal). We agree that as a result of this conduct, law enforcement and court resources were diverted in an unnecessary investigation of Aeilts's charges against Cornelison. See Turner, 918 N.W.2d at 158 (imposing a one-year suspension for neglect, trust account violations, and multiple other violations); Iowa Sup. Aeilts must comply with the notification requirements to his clients in Iowa Court Rule 34.24. But even if he simply misspoke, it was still a matter constituting misconduct. Id. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of 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. However, mental health challenges must show a relationship to the unethical conduct to be considered a mitigating circumstance. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. AEILTS. The Grievance Commission is made up of members that are geographically and gender-balanced. At the time of the facts giving rise to this case, I was not a criminal defense attorney. WebOral Argument Schedule. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. See Iowa Sup. 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. Finally, we reject Aeilts's assertion that his lack of experience is a mitigating factor. 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. The convincing preponderance of the evidence standard is less demanding than proof beyond a reasonable doubt, but requires a greater showing than the preponderance of the evidence. Iowa Sup. Sue a lawyer for careless work, or do work a lawyer failed to do. WebOral Argument Schedule. 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. Stay up-to-date with how the law affects your life. The second is the Grievance Commission. Under Ramey, an attorney who misrepresents the truth based on a sloppy or casual unawareness of the truth must still be held accountable. The nature of those violations is also an aggravating factor. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. The sanction for an OWI and additional criminal conduct ranges from public reprimand up to a two-year license suspension. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. See Iowa Sup. We stated, [I]t does not appear that Ramey was attempting to deceive the court. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. On February 21, 2018, C.B.W. Fisher's legal practice showed a clear pattern of misconduct across several clients. On their face, there was nothing untoward about the messages. The Board has prepared a booklet to help you choose and work well with a lawyer. I didn't know the elements of harassment. The commission granted the motion for sanctions. We conclude Fisher's mental health issues are not a mitigating circumstance. While an ethics complaint and subsequent proceeding can be extremely unsettling, attorneys must be mindful and maintain respect throughout the entire disciplinary process. 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. The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. 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. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. We considered his cooperation with the Board, completion of substance abuse and mental health treatment, and his acceptance of responsibility as mitigating factors. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. Upon our de novo review of the record, we agree with the commission's factual findings. v. Sporer, 897 N.W.2d 69, 8485 (Iowa 2017). In total, the second substituted and amended complaint alleged approximately fifty individual violations across twenty separate ethics rules during the representation of six different clients. In summary, we conclude Aeilts violated rules 32:8.4(b), 32:8.4(c), and 32:8.4(d). G. Trust Account Violations. Upon our de novo review of the record, we suspend Fisher's license for one year. 2023 Iowa Judicial Branch. 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. Iowa Sup. Even if we credited Aeilts's argument that he forgot the details of his practice in the heat of the moment, which we don't, his sloppy or casual misrepresentations during his own sentencing allocution would still violate rule 32:8.4(c) under Ramey. Ct. Att'y Disciplinary Bd. The Board may dismiss the complaint or impose a private admonition. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. (quoting Iowa Sup. On May 21, the commission granted the motion and ordered Fisher to provide documents related to the request within fourteen days of the order. The first is the Attorney Disciplinary Board. Introduction. 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. 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. All Rights Reserved. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. 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. served or submit service by publication through the Des Moines Register, resulting in several continuances of the case. v. Kieffer-Garrison, 951 N.W.2d 29, 38 (Iowa 2020) (holding the court generally subjects attorneys who actively disregard this fundamental baseline [of honesty] to sanctions ranging from six-month license suspension to revocation); Beauvais, 948 N.W.2d at 518 (suspending lawyer for three months for falsely claiming to the court and opposing counsel that his client had accepted a settlement and misrepresenting to his client that she would be punished by the court if she did not sign the settlement agreement). v. Turner, 918 N.W.2d 130, 156 (Iowa 2018). The Boards primary objective is to ensure that attorneys within its jurisdiction are compliant with the Iowa Rules of Professional Conduct. Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. 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). Based on these violations, the commission recommended a suspension of one year. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. In his answer, Fisher admitted to some trust account violations under Iowa Rules of Professional Conduct 32:1.15(c) (withdrawal of fees only when earned) and 32:1.15(f) (trust accounting governed under chapter 45), and under Iowa Court Rules 45.2(3)(c) (types of acceptable records for trust funds) and 45.7(4) (notification of fee withdrawal from trust funds). Get a free directory An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). Ct. Att'y Disciplinary Bd. 1. We tax the costs of this action to Fisher in accordance with Iowa Court Rule 36.24(1). 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). v. Suarez-Quilty, 912 N.W.2d 150, 158 (Iowa 2018), a fact we think is clear from the record of Aeilts's allocution. Fisher also failed to respond to several inquiries from Curry about discovery or the appraiser. While Rhinehart did not violate rule 32:3.3 because he was not serving as an advocate representing a client in the dissolution proceeding, id. Get a free directory Fisher later revealed Hallett's outstanding legal fees in a publicly viewable online exchange. 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. I had never handled so much as a simple assault. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. In Postma, we found an attorney violated the Code of Professional Responsibility when he maliciously filed criminal complaints against eleven different people who had brought ethics complaints against him. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. v. Clarity, 838 N.W.2d 648, 660 (Iowa 2013) (treating prior military service as a mitigating factor). Sometimes lawyers handle money for clients. v. Marzen, 949 N.W.2d 229, 239 (Iowa 2020) (quoting Iowa Sup. 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. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. A division of the Grievance Commission of the Supreme Court of Iowa filed a report recommending that we suspend Gailey's license to practice law in Iowa for thirty days. 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. Iowa R. Prof'l Conduct 32:3.3. 21-0774 Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. Sometimes, but such complaints often fail to understand our adversary system of justice. 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. Id. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. On February 7, 2017, Michelle Curry hired Fisher to represent her in a marriage dissolution. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. We disagree. The email address cannot be subscribed. Less than an hour later, Aeilts blew a .122 on a breathalyzer. Ct. Att'y Disciplinary Bd. In fact, Robinson did not work on the case at all. ; see also Iowa Sup. Id. Aeilts has engaged in community service and has represented underrepresented communities, which are also mitigating factors. Are also mitigating factors in particular types of Attorney Disciplinary cases 's dishonest statements misled the Court his. Of one year state of Iowa 22-1646 Decided: January 20, 2023 View No. Served or submit service by publication through the Des Moines Register, resulting in several continuances of facts! Showing ethical misconduct by a complaint Filed by someone else, 660 ( Iowa 2020 ) ( Iowa! 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