The Attorney Disciplinary Board has no jurisdiction of a negligence claim. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. Ct. Att'y Disciplinary Bd. This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of The commission pointed to several instances within the record where Fisher examined individuals on irrelevant issues. 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. 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. 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. 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. North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. Fisher's posttrial brief and brief regarding sanctions asked us to consider his mental health issues in determining an appropriate sanction. 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. Aeilts argues lack of harm to clients is a significant mitigating factor for his actions. WebOral Argument Schedule. On Friday, the court opted to instead impose a three-year suspension. A complainant need not be a US citizen. 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 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 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. Ct. Att'y Disciplinary Bd. A one-year suspension would be in line with other attorney disciplinary cases. We suspended his license for three months. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. 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. 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). Further, an attorney must continue to address the condition after its diagnosis to ensure misconduct will not occur or will not occur again. Aeilts completed eight years of service in the Armed Forces, which we consider a mitigating factor. 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. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. 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 turn first to Aeilts's misrepresentations during his allocution. Fisher also listed remorse as a mitigating factor in his posttrial brief and brief regarding sanctions. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. at 65456. Fisher denied the remaining allegations in his answer. The email address cannot be subscribed. The record does not indicate Fisher's conditions directly caused the violations in the complaint. Fisher and the Board did not contest the commission's factual findings. at 572. We have imposed suspensions ranging from sixty days to eighteen months for engaging in conduct prejudicial to the administration of justice when compounded by additional violations. Iowa Sup. Iowa Sup. 22-1646 Case No. 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. The Board recommends a six-month suspension, while Aeilts asks for thirty days. Sue a lawyer for careless work, or do work a lawyer failed to do. No. Fisher took daily medication of Prozac and Xanax. We typically impose a longer suspension where there is harm and multiple violations. We also found Postma committed other violations of our professional rules because he failed to obey a court order, failed to file several years of tax returns, neglected two estates, and failed to respond to the Board. We respectfully consider the commission's factual findings and recommendations but we are not bound by them. 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. Please try again. Id. Require a lawyer to return money or property to a client. However, because we review attorney disciplinary matters de novo, we address each alleged violation. Iowa Sup. You should consult with an attorney to protect your legal rights and determine the nature of your legal responsibilities. Honesty is the hallmark of the legal profession. 45.7(4) (notification of fee withdrawal). Ct. Att'y Disciplinary Bd. Fisher also failed to meet various deadlines and inform clients of important updates in their cases. 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. 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. Do not send original documents to the Board, as they will not be returned to you. Fisher failed to complete various aspects of the discovery process and delayed hiring an appraiser to appraise a family farm. Aeilts had represented clients in at least twenty-two criminal cases beginning in 2015, rather than just two or three OWIs as he stated. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. On Friday, the court opted to instead impose a three-year suspension. 21-0672 Case No. The commission recommended Aeilts's license to practice law be suspended for six months. WebOral Argument Schedule. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. v. Meyer, 944 N.W.2d 61, 69 (Iowa 2020)). All Rights Reserved. Get a free directory The Boards primary objective is to ensure that attorneys within its jurisdiction are compliant with the Iowa Rules of Professional Conduct. It is physically and operationally separate from the Attorney Disciplinary Board. The Marion County Sheriff's Office also cited Aeilts for Failure to Maintain Control in violation of Iowa Code section 321.288(1). v. Cunningham, 812 N.W.2d 541, 553 (Iowa 2012) (determining we will not view a lawyer's prior discipline as an aggravating factor when the conduct occurred during the same timeframe as the current violation before the court). We must consider any mitigating or aggravating factors before we determine a sanction. 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. 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. 21-0672 Case No. Ct. Att'y Disciplinary Bd. [F]undamental honesty is the base line and mandatory requirement to serve in the legal profession. Ct. Att'y Disciplinary Bd. About how much will it cost? v. Noel, 923 N.W.2d 575, 582 (Iowa 2019). v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. The lawyer must promptly and completely account for a clients money. No. Ask your lawyer what to expect. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. On May 21, the commission granted the motion and ordered Fisher to provide documents related to the request within fourteen days of the order. F. C.B.W. 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 nature of those violations is also an aggravating factor. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. See Iowa Sup. Please try again. He stopped regularly meeting with a psychiatrist in March 2017 but still takes medication. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. The law will make inferences as to a lawyer's knowledge with those considerations in mind. Aeilts pleaded guilty to the Operating While Intoxicated Charge on June 13, 2019, and the court granted a deferred judgment on July 26. Most complaints that involve the behavior of an attorney outside the practice of law, such as rudeness, the use of profanity, landlord-tenant disputes and debtor-creditor matters, are not within the Boards jurisdiction. If there is any significant delay in receiving money from a lawyer or in getting a complete accounting, a complaint can be filed. Sometimes, but such complaints often fail to understand our adversary system of justice. The number of violations across several ethics rules and aggravating circumstances warrants a lengthy suspension. Iowa Sup. 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. 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. Ct. Att'y Disciplinary Bd. Arrange for another lawyer to be appointed to represent the client. Aeilts ultimately tendered an Alford1 plea to the Malicious Prosecution charge in exchange for dismissal of the False Reporting charge. Sometimes lawyers handle money for clients. Even when, or more pointedly especially when, an attorney appears before a court as a criminal defendant, we expect him to display the utmost candor. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. 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. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. WebI. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. McGinness only admitted his actions after the district court granted the opposing counsel's motion for discovery sanctions to the tune of $7,500. B. Mitigating and Aggravating Factors. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. Id. On June 9, 2017, Fisher filed a petition for termination of J.H.s parental rights on behalf of C.J.R. WebCase No. See McGinness, 844 N.W.2d at 46364. On February 7, 2017, Michelle Curry hired Fisher to represent her in a marriage dissolution. Review of Analogous Cases. 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. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. Fisher and the Board did not contest the commission's legal conclusions. Although Cornelison was not his client, the incident arose from Aeilts's representation of a client. 844 N.W.2d 456, 46263 (Iowa 2014). v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). 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. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. We do not apply a standard sanction in particular types of attorney disciplinary cases. Give documents and information to your lawyer promptly. by April 5, 2020. Aeilts committed multiple rule violations involving conduct from two unrelated events. There is no temporal overlap to mitigate Aeilts's conduct, and we reject his argument to the contrary. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. Ct. Att'y Disciplinary Bd. His actions reveal a disrespect for the law and law enforcement. 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. 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. Stay up-to-date with how the law affects your life. We agree with the commission, the Board, and Fisher to conclude that a suspension of one year is appropriate. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. If a client is damaged by a lawyers negligence, another lawyer should be consulted as to whether legal action should be brought in court. 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. Lastly, it can file complaints with the Grievance Commission. The court sentenced Aeilts to three days in the Wayne County Jail and a $315 fine on the Malicious Prosecution charge. at 78385. No. 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). Ct. Att'y Disciplinary Bd. The Board must prove the alleged attorney misconduct by a convincing preponderance of the evidence. ; see also Iowa Sup. 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 provided some banking records, invoices, and retainer agreements for a few of the clients. 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. v. Bowles, 794 N.W.2d 1, 7 (Iowa 2011). 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. 32:1.16(b)(1) and 32:1.16(d) (proper withdrawal). B. Iowa Rule of Professional Conduct 32:8.4(c). We tax the costs of this action to Aeilts under Iowa Court Rule 36.24(1). 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