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. v. McCarthy, 814 N.W.2d 596, 611 (Iowa 2012) (imposing a two-year suspension for neglect, trust account violations, withdrawal, and other violations). A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer. A lawyer is an adult, a man or woman of the world, not a child. The disciplinary and complaint process is funded by an assessment on all lawyers admitted to the practice of law in Iowa. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! v. Bieber, 824 N.W.2d 514, 523 (Iowa 2012)). Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. 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. No. Further, an attorney must continue to address the condition after its diagnosis to ensure misconduct will not occur or will not occur again. If you change your mind about the legal matter, keep the lawyer informed. No. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. Rhinehart, 827 N.W.2d at 180 (quoting Iowa Sup. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. at 338 (quoting Iowa Sup. We conclude Aeilts violated rule 32:8.4(b). If you do not get a satisfactory reply, you may file a complaint. This led to more continuances and an order to show cause against Fisher. Fisher and the Board did not contest the commission's legal conclusions. Ct. Att'y Disciplinary Bd. 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. We must consider any mitigating or aggravating factors before we determine a sanction. On Friday, the court opted to instead impose a three-year suspension. served or submit service by publication through the Des Moines Register, resulting in several continuances of the case. 32:8.4(d) (misconduct prejudicial to justice). Fisher failed to complete various aspects of the discovery process and delayed hiring an appraiser to appraise a family farm. 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 respectfully consider the commission's factual findings and recommendations but we are not bound by them. 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. On Friday, the court opted to instead impose a three-year suspension. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. It is physically and operationally separate from the Attorney Disciplinary Board. 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. WebI. Upon our de novo review of the record, we suspend Aeilts's license for six months. Sometimes lawyers handle money for clients. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. 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. Regardless of whether anyone was actually harmed, Aeilts's conduct was an aggravating, not a mitigating, factor for Aeilts's actions in this case. Ct. Att'y Disciplinary Bd. 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. v. Clarity, 838 N.W.2d 648, 660 (Iowa 2013) (treating prior military service as a mitigating factor). v. Turner, 918 N.W.2d 130, 15354 (Iowa 2018). 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. It also has 35 lay members. 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. 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. v. Haskovec, 869 N.W.2d 554, 560 (Iowa 2015). We reject Aeilts's arguments that his misrepresentations to the court were not knowing or intentional but due to his negligence and incompetence. Such a system often produces different versions of the facts in lawsuits and a certain amount of hard feelings. 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. 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. How frequently and by what means will we communicate? Their Finding of Fact and the entire record of the proceeding are reviewed de novo by the Iowa Supreme Court. Instead, we take into consideration the totality of facts and circumstances in each case. at 467. 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. Curt N. Daniels, Chariton, After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of v. Watkins, 944 N.W.2d 881, 893 (Iowa 2020). 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. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. 32:1.16(b)(1) and 32:1.16(d) (proper withdrawal). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. See Iowa Sup. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. Here, the commission determined Fisher's remorse was not genuine repentance but in response to ethical charges. Ct. Att'y Disciplinary Bd. 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. 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. We agree with the commission that Aeilts's conduct during his allocution violated rule 32:8.4(c). A hearing before the commission occurred November 2 through November 5, 2020, and reconvened on November 30. Based on these violations, the commission recommended a suspension of one year. 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). 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. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. Id. We stated, [I]t does not appear that Ramey was attempting to deceive the court. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Fisher failed to do so. 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, Complainant, v. Curt N. DANIELS, Respondent. v. Barry, 762 N.W.2d 129, 139 (Iowa 2009)). 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. The Board is not a collection agency. He also changed his routine to manage his anxiety. 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). See Iowa Sup. Id. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct Ct. Att'y Disciplinary Bd. v. Sporer, 897 N.W.2d 69, 8485 (Iowa 2017). We suspend Andrew Aeilts's license to practice law with no possibility for reinstatement for six months. Andrew Aeilts was admitted to practice law in Iowa in 2015. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Fee arbitration is an alternative method of resolving a fee dispute. 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. B. Iowa Rule of Professional Conduct 32:8.4(c). F. C.B.W. This standard is more demanding than proof by a preponderance of the evidence but less demanding than proof beyond a reasonable doubt. Id. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. Considering Retiring From The Practice of Law? He or she is also better educated than most people, more sophisticated and more sharply sensitized to the legal implications of a situation. Ct. Att'y Disciplinary Bd. Iowa Sup. 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 Board must prove the lawyer acted with some level of scienter rather than mere negligence. Iowa Sup. The Marion County Sheriff's Office also cited Aeilts for Failure to Maintain Control in violation of Iowa Code section 321.288(1). Ct. Att'y Disciplinary Bd. 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. 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). Ten were misdemeanor OWIs; two were felonies. The Boards jurisdiction extends to the attorneys license alone. v. Axt, 791 N.W.2d 98, 102 (Iowa 2010)). 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. Introduction. Upon our de novo review of the record, we suspend Fisher's license for one year. However, criminal or fraudulent conduct may be subject to discipline. 21-0774 An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). v. Kieffer-Garrison, 951 N.W.2d 29, 3536 (Iowa 2020). Ct. Att'y Disciplinary Bd. 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. 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. The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. More information about the complaint process is available here. We review attorney disciplinary proceedings de novo. 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. Click here for the Board's current informational brochure. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. No. Id. 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. 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. All Rights Reserved. In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. 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. at 68283. 45.2(3)(a) (complete records of funds and other property). The lawyer must promptly and completely account for a clients money. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. Ct. Att'y Disciplinary Bd. 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. Aeilts must comply with the notification requirements to his clients in Iowa Court Rule 34.24. Considering Retiring From The Practice of Law? Ct. Att'y Disciplinary Bd. 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. 824 N.W.2d at 51011. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. v. Johnson, 884 N.W.2d 772, 777 (Iowa 2016)). Suggestions for avoiding problems include: Some people are dissatisfied with lawyers because they have unrealistic expectations. We suspend Fisher from the practice of law without the possibility of reinstatement for one year. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of We revoked Postma's license. Aeilts's alleged inexperience provides no excuse for his violation of this rule. While an ethics complaint and subsequent proceeding can be extremely unsettling, attorneys must be mindful and maintain respect throughout the entire disciplinary process. We agree with the commission, the Board, and Fisher to conclude that a suspension of one year is appropriate. 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. Fisher also failed to respond to several inquiries from Curry about discovery or the appraiser. Ct. Att'y Disciplinary Bd. Arrange for another lawyer to be appointed to represent the client. We suspended Wheeler's license for six months. Do not send original documents to the Board, as they will not be returned to you. 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. 21-0672 Case No. 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.. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. Our considerations include the nature of the violations, the need for deterrence, protection of the public, maintenance of the reputation of the bar as a whole, and the attorney's fitness to continue practicing law, as well as any aggravating or mitigating circumstances. Iowa Sup. We briefly summarize such factors and address Fisher's comments regarding his remorse and mental health issues from his brief regarding sanctions. 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 turn first to Aeilts's misrepresentations during his allocution. The Attorney Disciplinary Board has no jurisdiction of a negligence claim. It includes one's [moral] character and one's suitability to act as an officer of the court. Id. No. Sue a lawyer for careless work, or do work a lawyer failed to do. Should the Board decide to file your complaint with the Grievance Commission, your testimony normally will be required at a hearing before the Grievance Commission. v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010)). Copyright 2023, Thomson Reuters. WebOral Argument Schedule. v. Said, 953 N.W.2d 126, 155 (Iowa 2021) (holding attorney's representation of an underserved population is a mitigating factor). 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