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. I was not a criminal defense attorney. 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). Ct. Att'y Disciplinary Bd. 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. 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. G. Trust Account Violations. 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 reject Aeilts's attempt to chalk his actions up to inexperience. All rights reserved. Ct. Att'y Disciplinary Bd. v. Moonen, 706 N.W.2d 391, 402 (Iowa 2005) (holding that [h]arm to others is an aggravating factor). 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). 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). At his sentencing hearing on February 18, 2020, Aeilts stated during his allocution to the court: I would like for the record's sake to clarify a misrepresentation that was made about my history. 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. 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. North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. If a lawyer violates an ethical rule, the lawyer may be disciplined. It can order mental or physical examination or treatment. The Marion County Sheriff's Office also cited Aeilts for Failure to Maintain Control in violation of Iowa Code section 321.288(1). The whole structure of ethical standards is derived from the paramount need for lawyers to be trustworthy. Fee arbitration is an alternative method of resolving a fee dispute. Although Cornelison was not his client, the incident arose from Aeilts's representation of a client. We consider these cases in assessing an appropriate suspension in this case. While an ethics complaint and subsequent proceeding can be extremely unsettling, attorneys must be mindful and maintain respect throughout the entire disciplinary process. In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. Ct. Att'y Disciplinary Bd. 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 court system and the public we serve are damaged when our officers play fast and loose with the truth. 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. 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. The commission recommended Aeilts's license to practice law be suspended for six months. See Iowa Sup. at 36. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. Moreover, much of the misconduct occurred after his last visit with his psychiatrist. Ask your lawyer what to expect. 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. Id. served or submit service by publication through the Des Moines Register, resulting in several continuances of the case. Give documents and information to your lawyer promptly. [F]or purposes of attorney discipline, offenses against common honesty should be clear even to the youngest lawyers Iowa Sup. However, mental health challenges must show a relationship to the unethical conduct to be considered a mitigating circumstance. 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. See Iowa Sup. Ten of the cases were OWIs, and he represented other clients in a range of charges from criminal trespass to drug possession. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. 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. Get a free directory 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. We give each of these cases their due weight. 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. of Prof'l Ethics & Conduct v. Mulford, 625 N.W.2d 672, 683 (Iowa 2001) (en banc)). D. J.H. Please try again. WebOral Argument Schedule. at 683. Complaints about lawyers not paying bills are resolved in the courts of Iowa. Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. v. Springer, 904 N.W.2d 589, 597 (Iowa 2017) (quoting Iowa Sup. On June 9, 2017, Fisher filed a petition for termination of J.H.s parental rights on behalf of C.J.R. Click here for the Board's current informational brochure. No. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. The email address cannot be subscribed. Ct. Att'y Disciplinary Bd. 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. A complainant need not be a US citizen. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. A. Sue a lawyer for careless work, or do work a lawyer failed to do. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct 32:8.4(b), 32:8.4(c), and 32:8.4(d). IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. AEILTS. Aeilts appealed. 45.7(4) (notification of fee withdrawal). v. Bartley, 860 N.W.2d 331, 337 (Iowa 2015). The number of violations across several ethics rules and aggravating circumstances warrants a lengthy suspension. Ct. Att'y Disciplinary Bd. We must consider any mitigating or aggravating factors before we determine a sanction. Iowa Sup. v. Watkins, 944 N.W.2d 881, 893 (Iowa 2020). Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. Under rule 32:8.4(d), It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice. Iowa R. Prof'l Conduct 32:8.4(d). 32:1.9(c)(2) (revealing confidential information of a former client). 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. 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 See Iowa Sup. 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. Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. We do not apply a standard sanction in particular types of attorney disciplinary cases. v. Casey, 761 N.W.2d 53, 5961 (Iowa 2009) (per curiam) (suspending lawyer for three months for misrepresenting the marital status of the decedent of an estate on court and tax documents); Iowa Sup. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Ct. Att'y Disciplinary Bd. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. In summary, we conclude Aeilts violated rules 32:8.4(b), 32:8.4(c), and 32:8.4(d). Ct. Bd. 32:8.4(d) (misconduct prejudicial to justice). The second is the Grievance Commission. Both the Board and Fisher filed briefs in support of a one-year suspension. Fisher provided some banking records, invoices, and retainer agreements for a few of the clients. Whether the district court relied on his misrepresentations when imposing his sentence is irrelevant to our analysis. Id. WebThe first is the Attorney Disciplinary Board. Id. 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. Ct. Att'y Disciplinary Bd. Around 3:40 a.m., Aeilts drove his vehicle off of the roadway, through a cornfield causing damage to the field and to his vehicle, and then drove approximately six miles with a damaged windshield before being stopped by law enforcement. 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. v. Barry, 762 N.W.2d 129, 139 (Iowa 2009)). at 57172. at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. We suspend Fisher from the practice of law without the possibility of reinstatement for one year. The first is the Attorney Disciplinary Board. Fisher denied the remaining allegations in his answer. We agree with the commission's legal conclusions based on our analysis of the record. v. Bowles, 794 N.W.2d 1, 7 (Iowa 2011). We suspended his license for three months. booklet to help you choose and work well with a lawyer. On Friday, the court opted to instead impose a three-year suspension. Fisher also failed to respond to several inquiries from Curry about discovery or the appraiser. 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. B. Iowa Rule of Professional Conduct 32:8.4(c). 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. Iowa Sup. The Board cannot impose fines, imprison an attorney, obtain a financial settlement or reduction of fees, or change the outcome of a civil or criminal case. We briefly summarize such factors and address Fisher's comments regarding his remorse and mental health issues from his brief regarding sanctions. In lawsuits, disputes about the facts are resolved by the courts. The record does indicate several times where Fisher directly apologized to testifying witnesses about their previous interactions and that he voluntarily dismissed a small claims judgment against Hallett. We also note that Fisher admitted to wrongdoing for some of the Board's charges either in his answer or during the proceedings. We briefly summarize the commission's factual findings surrounding the ethics violations. 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. 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. Cornelison denied making any threats against Aeilts and provided a recording of the conversation as proof. Sometimes lawyers handle money for clients. We considered several mitigating factors including: his lack of disciplinary history, community service, remorse, cooperation with the Board, and that it was an isolated incident. The Board is not a collection agency. But even if he simply misspoke, it was still a matter constituting misconduct. Id. 32:8.1(b) (responding in disciplinary proceedings). See McGinness, 844 N.W.2d at 46364. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. FISHER. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of I had never handled anything else. While Aeilts's conduct is not as egregious as Postma's, which led to the revocation of his license, his false accusations that could have subjected Cornelison to criminal charges are more serious than Postma's filing of frivolous civil claims.

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