WebCase No. v. Gottschalk, 729 N.W.2d 812, 821 (Iowa 2007)). Depending on the severity of the misrepresentations, [this Court] ha[s] imposed sanctions ranging from reprimand to license revocation. Id. Aeilts had represented clients in at least twenty-two criminal cases beginning in 2015, rather than just two or three OWIs as he stated. Upon our de novo review of the record, we suspend Fisher's license for one year. WebI. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. On February 7, 2017, Michelle Curry hired Fisher to represent her in a marriage dissolution. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. Donelson contacted Cornelison during his investigation. Iowa Sup. booklet to help you choose and work well with a lawyer. 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. A one-year suspension would be in line with other attorney disciplinary cases. All rights reserved. How long will the matter take? Aeilts replied he did not but that he was not afraid to testify and informed Donelson that Cornelison had a criminal history. I had handled maybe two or three OWIs. 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. The ADB can dismiss meritless complaints and can issue certain types of discipline. Cornelison denied making any threats against Aeilts and provided a recording of the conversation as proof. See Iowa Sup. 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. (omission in original) (quoting Iowa Sup. Ct. Att'y Disciplinary Bd. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. at 176 (recognizing that rule 32:3.3 is found in the Advocate section of the rules). Further, the messages were not unlike requests for leniency and a quick disposition an attorney might ask for any other client. [F]undamental honesty is the base line and mandatory requirement to serve in the legal profession. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. B. Mitigating and Aggravating Factors. Write to your lawyer and ask for a written explanation. The number of violations across several ethics rules and aggravating circumstances warrants a lengthy suspension. All of these representations to the court were false. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. E. A.H. On September 1, 2017, A.H. and Fisher entered into an attorneyclient relationship. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. Iowa Sup. C. Iowa Rule of Professional Conduct Rule 32:8.4(d). As my professional statement, I did not know that to be true. 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. Copyright 2023, Thomson Reuters. Id. Attorney Andrew Aeilts appears before us after: receiving an OWI, falsely reporting a crime, and misrepresenting his professional experience during allocution to the court sentencing him on the resulting malicious prosecution charge in an effort to excuse his conduct. Attorney & Client 103, at 24 (2015)). 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. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. We reject his insistence that his statements to the court that he was not a criminal attorney and had handled maybe two or three OWIs were inaccurate off-the-cuff statements made in the heat of the moment when he was under stress in response to the prosecution's request for a heavier sentence. to represent themselves pro se because most of the work was done. If an investigation is opened, the Board sends notice with a copy of the complaint to the lawyer, who is required to provide a timely written response. 21-0672 Case No. The court sentenced Aeilts to three days in the Wayne County Jail and a $315 fine on the Malicious Prosecution charge. C. Dustin Hallett. Considering Retiring From The Practice of Law? Aeilts ultimately tendered an Alford1 plea to the Malicious Prosecution charge in exchange for dismissal of the False Reporting charge. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. We need not decide whether Aeilts intentionally misled the court. Rhinehart, 827 N.W.2d at 180 (quoting 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). In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. 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. If you change your address or phone number, let your lawyer know right away. 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 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 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). 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. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. 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. The sanction for an OWI and additional criminal conduct ranges from public reprimand up to a two-year license suspension. An attorney only need to have made a false statement to a court with the aim to mislead to violate the rule, Iowa Sup. No. Ct. Att'y Disciplinary Bd. We review attorney disciplinary proceedings de novo. Fee arbitration is an alternative method of resolving a fee dispute. 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. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. After conducting our review, we agree with the Board and the commission that Aeilts violated all of the alleged rules. Ct. Att'y Disciplinary Bd. Many problems can be prevented if you know what to expect from lawyers and how to deal with lawyers. The court placed Aeilts on supervised probation for one year, imposed a civil penalty, and required Aeilts to complete fifteen hours of unpaid community service. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. 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. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Aeilts's conduct had the effect to mislead rather than inform and was a violation of rule 32:8.4(c). 21-0672 Case No. He maintains a private law practice with his wife in Pella, Iowa. Ct. Att'y Disciplinary Bd. 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. 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. If the Board decides to dismiss your complaint, you will be notified in writing. Id. Although Cornelison was not his client, the incident arose from Aeilts's representation of a client. Aeilts committed multiple rule violations involving conduct from two unrelated events. On Friday, the court opted to instead impose a three-year suspension. v. Bieber, 824 N.W.2d 514, 523 (Iowa 2012)). Our last issue is to determine the appropriate sanction. A lawyer is an adult, a man or woman of the world, not a child. Fisher and the Board did not contest the commission's factual findings. Fisher ultimately moved to withdraw on Friday, July 20, at 2:21 p.m. before a Monday, July 23 8:30 a.m. termination hearing after deciding to accept a new nonlegal job offer with a July 23 start date. This could result in a public reprimand or a Court order suspending or revoking the lawyers license. 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. v. Nine, 920 N.W.2d 825, 82728 (Iowa 2018)). Ct. Att'y Disciplinary Bd. We consider these cases in assessing an appropriate suspension in this case. Make sure you have an agreement about your lawyers fees, in writing if possible. 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. 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. 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. Ct. Att'y Disciplinary Bd. 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 commission granted the motion for sanctions. at 572. Ask your lawyer what to expect. 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 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. v. Schmidt, 796 N.W.2d 33, 40 (Iowa 2011) (omission and alteration in original) (quoting Iowa Sup. Sue a lawyer for careless work, or do work a lawyer failed to do. Finally, we reject Aeilts's argument that the Board must have concluded his misrepresentations were unintentional because it did not charge him with violating rule 32:3.3, which requires candor toward a tribunal. 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 second is the Grievance Commission. 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. We agree with the commission's legal conclusions based on our analysis of the record. 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. v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012))). He stopped regularly meeting with a psychiatrist in March 2017 but still takes medication. The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of Specifically, Aeilts misrepresented facts to law enforcement and to the court during two separate incidents. The Board must prove the lawyer acted with some level of scienter rather than mere negligence. Iowa Sup. at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. It is physically and operationally separate from the Attorney Disciplinary Board. We disagree. Finally, Aeilts cooperated with the Board, which is a mitigating factor. At no point during the three-minute-and-thirty-two-second audio recording did Cornelison make any threats that he was going to physically assault or harm Aeilts. WebIowa Supreme Court Attorney Disciplinary Board v. Michael D. Kozlik Annotate this Case Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! v. Turner, 918 N.W.2d 130, 156 (Iowa 2018). Ct. Att'y Disciplinary Bd. If you do not get a satisfactory reply, you may file a complaint. 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. Marzen, 949 N.W.2d at 243. Under Ramey, an attorney who misrepresents the truth based on a sloppy or casual unawareness of the truth must still be held accountable. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. 22-1646 Case No. Aeilts argues that prior cases involving frivolous filings are more comparable to his 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. 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. B. Michelle Curry. 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. Click here for the Board's current informational brochure. 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. Id. You should contact your local bar association to determine if it has a committee to which your fee dispute may be submitted. at 78385. F. C.B.W. Iowa Sup. 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). 45.2(3)(c) (types of acceptable records for funds). See Iowa Sup. Aeilts appealed. 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. In August 2016, Haylie Reiter (formerly known as Kelsey Blake) hired Fisher for a custody modification action. 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. See Iowa Sup. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. At the time of his allocution, Aeilts had only been practicing for five years. Ct. Att'y Disciplinary Bd. Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. Ct. Att'y Disciplinary Bd. 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. Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. The Grievance Commission chair appoints a panel of 4 lawyers and 1 lay member who hear the testimony and evidence regarding the alleged misconduct. Fisher also listed remorse as a mitigating factor in his posttrial brief and brief regarding sanctions. at 36. Ct. Att'y Disciplinary Bd. We respectfully consider the commission's factual findings and recommendations but we are not bound by them. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. See Iowa Sup. 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). 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. No. Iowa Sup. Require a lawyer to return money or property to a client. Complaints about lawyers not paying bills are resolved in the courts of Iowa. In summary, we conclude Aeilts violated rules 32:8.4(b), 32:8.4(c), and 32:8.4(d). Introduction. 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). 2023 Iowa Judicial Branch. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Ct. Att'y Disciplinary Bd. 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. It can order mental or physical examination or treatment. The Boards jurisdiction extends to the attorneys license alone. A hearing before the commission occurred November 2 through November 5, 2020, and reconvened on November 30. 21-0774 32:1.5(a) (unreasonable fee agreement). WebI. Id. Fisher also filed a frivolous motion for sanctions. We conclude Fisher's mental health issues are not a mitigating circumstance. Ct. Att'y Disciplinary Bd. served or submit service by publication through the Des Moines Register, resulting in several continuances of the case. 32:1.16(b)(1) and 32:1.16(d) (proper withdrawal). Fisher later revealed Reiter's outstanding legal fees in a publicly viewable online exchange. 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. 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. One's fitness to practice law is determined by more than one's competency in legal matters. Ct. Att'y Disciplinary Bd. See Iowa Sup. at 338 (quoting Iowa Sup. WebAttorney Discipline Complaint Against a Lawyer 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 procedures for addressing complaints concerning alleged violations of the Iowa Rules of Professional Conduct. 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. 4, 11 iowa attorney discipline cases Iowa 2018 ) ( formerly known as Kelsey Blake ) Fisher... Help you choose and work well with a psychiatrist in March 2017 but takes. That he was not afraid to testify and informed Donelson that Cornelison threatened to physically assault or Aeilts!, let your lawyer know right away you have an agreement about your lawyers fees, in.. Recording did Cornelison make any threats that he was going to physically assault during. 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( omission and alteration in original ) ( proper withdrawal ) did violate rule 32:8.4 b. Summary, we suspend Fisher 's license for one year brief regarding sanctions will! Reiter ( formerly known as Kelsey Blake ) hired Fisher for a written explanation you do not involve but. Custody modification action or to others and additional criminal conduct ranges from public reprimand or a order! The attorneys license alone 's legal conclusions based on a sloppy or casual of...

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