Ct. Att'y Disciplinary Bd. Write to your lawyer and ask for a written explanation. Identifying mental health issues and seeking treatment is a significant first step. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. This suspension applies to all facets of the practice of law. At the time of the facts giving rise to this case, I was not a criminal defense attorney. Fisher provided some banking records, invoices, and retainer agreements for a few of the clients. Id. Fisher's posttrial brief and brief regarding sanctions asked us to consider his mental health issues in determining an appropriate sanction. 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. 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. Fisher later revealed Reiter's outstanding legal fees in a publicly viewable online exchange. Regardless of whether anyone was actually harmed, Aeilts's conduct was an aggravating, not a mitigating, factor for Aeilts's actions in this case. at 176 (recognizing that rule 32:3.3 is found in the Advocate section of the rules). Aeilts's conduct easily meets this standard. Ct. Att'y Disciplinary Bd. 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. Fisher also filed a frivolous motion for sanctions. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. Aeilts appealed. at 571. This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. 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. 824 N.W.2d at 51011. Iowa Sup. (quoting Templeton, 784 N.W.2d at 767). Instead, it is enough that Aeilts made the false statements with a casual, reckless disregard for the truth. Marzen, 949 N.W.2d at 239 (quoting Muhammad, 935 N.W.2d at 28). The Board filed a motion to compel on April 7. Ct. Att'y Disciplinary Bd. The Marion County Sheriff's Office also cited Aeilts for Failure to Maintain Control in violation of Iowa Code section 321.288(1). 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. v. Johnson, 884 N.W.2d 772, 777 (Iowa 2016)). Fisher failed to complete various aspects of the discovery process and delayed hiring an appraiser to appraise a family farm. at 460. All rights reserved. We review attorney disciplinary proceedings de novo. While an ethics complaint and subsequent proceeding can be extremely unsettling, attorneys must be mindful and maintain respect throughout the entire disciplinary process. A lawyer might handle a matter in a way that is inadequate but not unethical. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. D. J.H. An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). Iowa Sup. Further, the messages were not unlike requests for leniency and a quick disposition an attorney might ask for any other 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). When assessing whether a lawyer has violated rule 32:8.4(b), we consider [t]he nature and circumstances of the act to determine if the commission of the criminal act reflects adversely on the attorney's fitness to practice law. Iowa Sup. Sometimes lawyers handle money for clients. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. Iowa R. Prof'l Conduct 32:3.3. 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! On February 7, 2017, Michelle Curry hired Fisher to represent her in a marriage dissolution. Cornelison denied making any threats against Aeilts and provided a recording of the conversation as proof. 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. Iowa Sup. We respectfully consider the commission's factual findings and recommendations but we are not bound by them. All of these representations to the court were false. WebThe first is the Attorney Disciplinary Board. The commission recommended Aeilts's license to practice law be suspended for six months. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. 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. 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). Iowa Sup. v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). 45.2(3)(a) (complete records of funds and other property). On May 21, the commission granted the motion and ordered Fisher to provide documents related to the request within fourteen days of the order. Require a lawyer to return money or property to a client. Cases involving false statements have a wide range of sanctions. at 683. 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. The Board is not a collection agency. Donelson contacted Cornelison during his investigation. 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. Our last issue is to determine the appropriate sanction. We need not decide whether Aeilts intentionally misled the court. 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. Fee arbitration is an alternative method of resolving a fee dispute. 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. 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). The Grievance Commission holds fact-finding hearings on ethical complaints not able to be resolved through the ADB process. [F]undamental honesty is the base line and mandatory requirement to serve in the legal profession. [T]he law takes account of a lawyer's legal training and experience in assessing his or her state of mind. The email address cannot be subscribed. A one-year suspension would be in line with other attorney disciplinary cases. 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. Upon our de novo review of the record, we agree with the commission's factual findings. In Khowassah, we found an attorney violated rule 32:8.4(b) when he committed his second OWI and rule 32:8.4(c) because he kept military leave pay that he was not entitled to receive. 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. 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. We suspend Fisher from the practice of law without the possibility of reinstatement for one year. Fisher also listed remorse as a mitigating factor in his posttrial brief and brief regarding sanctions. We suspended his license for three months. In fact, it does the opposite. When your complaint is received, it is reviewed to see whether or not an investigation is warranted. Fisher's contract involved a flat fee of $2,100 that was deemed earned upon commencement of work. He struggled to get J.M. Ct. Att'y Disciplinary Bd. Id. The second is the Grievance Commission. v. Clarity, 838 N.W.2d 648, 660 (Iowa 2013) (treating prior military service as a mitigating factor). 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. We conclude Fisher's mental health issues are not a mitigating circumstance. The Board recommends a six-month suspension, while Aeilts asks for thirty days. How long will the matter take? 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. v. McCarthy, 814 N.W.2d 596, 611 (Iowa 2012) (imposing a two-year suspension for neglect, trust account violations, withdrawal, and other violations). Ct. Att'y Disciplinary Bd. See Iowa Sup. We reject Aeilts's attempt to chalk his actions up to inexperience. 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. 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. Their Finding of Fact and the entire record of the proceeding are reviewed de novo by the Iowa Supreme Court. 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. at 65456. If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. v. Stoller, 879 N.W.2d 199, 212 (Iowa 2016) (quoting 7A C.J.S. v. Blessum, 861 N.W.2d 575, 591 (Iowa 2015). The second is the Grievance Commission. 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. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. 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. 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. 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. 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). v. Watkins, 944 N.W.2d 881, 893 (Iowa 2020). 32:1.5(a) (unreasonable fee agreement). IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. 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). Aeilts was arrested by the Marion County Sheriff's Office for Operating While Under the Influence First Offense in violation of Iowa Code section 321J.2(2)(a). I had handled maybe two or three OWIs. This standard is more demanding than proof by a preponderance of the evidence but less demanding than proof beyond a reasonable doubt. Id. The lawyer must promptly and completely account for a clients money. However, we give the commission deference to their factual findings, especially with regard to findings of demeanor and credibility of witnesses. Can you complain against the other persons lawyer? He maintains a private law practice with his wife in Pella, Iowa. Fisher answered both complaints. Others are not. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. Get a free directory Aeilts requested that harassment charges be brought against Cornelison and sought a no-contact order. 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. He stopped regularly meeting with a psychiatrist in March 2017 but still takes medication. We revoked Postma's license. Get a free directory This suspension applies to all facets of the practice of law as provided in Iowa Court Rule 34.23(3), and Fisher must notify any remaining clients as outlined in Iowa Court Rule 34.24. 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. 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). There are several present here. 22-1646 Case No. Fisher made it difficult for Hallett's new attorney to obtain independent documentation about the trust account funds for Hallett and Hallett's client file. Aeilts completed eight years of service in the Armed Forces, which we consider a mitigating factor. v. Baldwin, 857 N.W.2d 195, 215 (Iowa 2014). 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.. A lawyer may violate rule 32:8.4(c) when he fails to disclose a material fact. Ct. Att'y Disciplinary Bd. Fisher also failed to meet various deadlines and inform clients of important updates in their cases. But Aeilts's conduct was not limited to a three-week timeframe; Aeilts misrepresented his professional experience to the court during his allocution over a year after he made the false police report. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. 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'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. 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