22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. Ct. Att'y Disciplinary Bd. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. We suspended Wheeler's license for six months. Ct. Att'y Disciplinary Bd. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. v. Blessum, 861 N.W.2d 575, 591 (Iowa 2015). ; see also Iowa Sup. 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. After telling Officer Donelson about Cornelison's alleged threats, he specifically requested that harassment charges be brought against Cornelison. Whether Aeilts was requesting a simple misdemeanor harassment charge or an indictable harassment charge, he still made misrepresentations to the police with potentially serious criminal consequences for Cornelison. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. The commission granted the motion for sanctions. See Iowa Sup. 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. Ct. Att'y Disciplinary Bd. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. Moreover, much of the misconduct occurred after his last visit with his psychiatrist. 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). 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). See Iowa Sup. Iowa Sup. One's fitness to practice law is determined by more than one's competency in legal matters. at 176 (recognizing that rule 32:3.3 is found in the Advocate section of the rules). Ask your lawyer what to expect. 1. 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. Ct. Bd. Click here for the Board's current informational brochure. booklet to help you choose and work well with a lawyer. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. Fisher hired a process server but either lost or never obtained proof of service. Please try again. Id. 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. He stopped regularly meeting with a psychiatrist in March 2017 but still takes medication. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. 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. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. 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. Review of Analogous Cases. 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. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. WebI. Upon our de novo review of the record, we agree with the commission's factual findings. at 467. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. Iowa Sup. WebThe first is the Attorney Disciplinary Board. and J.B.W. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. Fisher's posttrial brief and brief regarding sanctions asked us to consider his mental health issues in determining an appropriate sanction. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. The number of violations across several ethics rules and aggravating circumstances warrants a lengthy suspension. 160, 27 L.Ed.2d 162 (1970). Aeilts's conduct with regard to the Malicious Prosecution conviction violated rule 32:8.4(d). D. J.H. The Attorney Disciplinary Board has no jurisdiction of a negligence claim. Ct. Att'y Disciplinary Bd. If you change your address or phone number, let your lawyer know right away. v. Stoller, 879 N.W.2d 199, 212 (Iowa 2016) (quoting 7A C.J.S. Ct. Att'y Disciplinary Bd. 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. 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. Aeilts's conduct easily meets this standard. 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. Iowa R. Prof'l Conduct 32:3.3. 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. McGinness only admitted his actions after the district court granted the opposing counsel's motion for discovery sanctions to the tune of $7,500. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! v. Beauvais, 948 N.W.2d 505, 515 (Iowa 2020) (quoting Iowa Sup. 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. Curt N. Daniels, Chariton, Aeilts argues that prior cases involving frivolous filings are more comparable to his case. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. 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. See Iowa Sup. When determining the appropriate sanction, [w]e respectfully consider the commission's findings and recommendations, but they do not bind us. Iowa Sup. 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 commission determined Fisher violated the following ethics rules, several of which reoccurred between clients: 32:1.4(a)(2), (3), and (4) (client communication). Based on Aeilts's violations and the aggravating and mitigating factors in this case, we agree with the Board and the commission that Aeilts's license should be suspended for six months. F. C.B.W. 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. at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. The email address cannot be subscribed. 32:8.1(b) (responding in disciplinary proceedings). It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. v. Barry, 762 N.W.2d 129, 139 (Iowa 2009)). On October 23, 2019, the Board filed its first complaint against Fisher. Ct. Att'y Disciplinary Bd. 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.. 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. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012))). 824 N.W.2d at 51011. Cases involving false statements have a wide range of sanctions. Contact us. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. v. Bowles, 794 N.W.2d 1, 7 (Iowa 2011). Id. 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. The nature of those violations is also an aggravating factor. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Id. Rule 32:8.4(b) prohibits a lawyer from commit[ing] a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. Iowa R. Prof'l Conduct 32:8.4(b). 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. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. Hopeful we can work something out, and And hopeful we can do so quickly and quietly if possible.. However, we give the commission deference to their factual findings, especially with regard to findings of demeanor and credibility of witnesses. His actions reveal a disrespect for the law and law enforcement. 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. 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. A lawyer may violate rule 32:8.4(c) when he fails to disclose a material fact. In August 2016, Haylie Reiter (formerly known as Kelsey Blake) hired Fisher for a custody modification action. 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. An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). Aeilts maintains that he did not intentionally make false statements to the court, relying on Iowa Supreme Court Attorney Disciplinary Board v. Sobel, 779 N.W.2d 782 (Iowa 2010). Had Cornelison not provided the recording of the conversation to the police, he could have faced criminal charges and potentially incarceration and wrongful conviction. We suspend Fisher from the practice of law without the possibility of reinstatement for one year. We give each of these cases their due weight. 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. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. Aeilts's appeal centers on whether he violated rule 32:8.4(c) by misrepresenting facts to Officer Donelson and misrepresenting his experience to the sentencing court. at 513. Sometimes lawyers handle money for clients. 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. Lastly, we have the discretion to impose a greater or lesser sanction than what the commission has recommended upon proof of an ethical violation. Kieffer-Garrison, 951 N.W.2d at 36 (quoting Noel, 923 N.W.2d at 582). Ct. Att'y Disciplinary Bd. 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. Ct. Att'y Disciplinary Bd. 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. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. at 78788. The 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. 22-1646 Case No. The Marion County Sheriff's Office also cited Aeilts for Failure to Maintain Control in violation of Iowa Code section 321.288(1). 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. Fisher denied the remaining allegations in his answer. 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