If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. Fisher took daily medication of Prozac and Xanax. v. Sporer, 897 N.W.2d 69, 8485 (Iowa 2017). We agree with the commission's legal conclusions based on our analysis of the record. At his sentencing hearing on February 18, 2020, Aeilts stated during his allocution to the court: I would like for the record's sake to clarify a misrepresentation that was made about my history. 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. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. If the Board decides to impose a private admonition or recommend public reprimand, you will be so notified following a slight delay during which the lawyer is advised of the Boards decision. As my professional statement, I did not know that to be true. Ct. Att'y Disciplinary Bd. See Iowa Sup. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. FISHER. 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. Ct. Att'y Disciplinary Bd. v. Said, 953 N.W.2d 126, 155 (Iowa 2021) (holding attorney's representation of an underserved population is a mitigating factor). 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. Click here for the Board's current informational brochure. The sanction for an OWI and additional criminal conduct ranges from public reprimand up to a two-year license suspension. However, criminal or fraudulent conduct may be subject to discipline. 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. The parties waived a formal hearing and submitted the matter on the basis of a Partial Stipulation. v. Clarity, 838 N.W.2d 648, 663 (Iowa 2013) (imposing a one-year suspension for neglect, trust account violations, unreasonable fees, and other violations); Iowa Sup. Iowa Sup. 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. On Friday, the court opted to instead impose a three-year suspension. 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. 32:1.9(c)(2) (revealing confidential information of a former client). v. Blessum, 861 N.W.2d 575, 591 (Iowa 2015). Click here for the Board's current informational brochure. While an ethics complaint and subsequent proceeding can be extremely unsettling, attorneys must be mindful and maintain respect throughout the entire disciplinary process. Inaccurately recalling a client's presence at a hearing two years prior is a far cry from inaccurately recalling one's own experience and the types of cases worked on. 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. I was not a criminal defense attorney. See Iowa Sup. A one-year suspension would be in line with other attorney disciplinary cases. Fisher pursued a custody modification action in September and then a termination action in November. 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. Fisher failed to complete various aspects of the discovery process and delayed hiring an appraiser to appraise a family farm. at 571. Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. Marzen, 949 N.W.2d at 243. Id. We must consider any mitigating or aggravating factors before we determine a sanction. WebOral Argument Schedule. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. 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. 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. We agree with the commission that Aeilts's conduct in texting Robinson did not interfere with or prejudice the administration of justice and did not violate rule 32:8.4(d). The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. at 338 (quoting 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. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Ct. Att'y Disciplinary Bd. 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. Ct. Att'y Disciplinary Bd. If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. No. at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. 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). Lawyers of any level of experience would understand that [making misrepresentations to the court is] deplorable. Turner, 918 N.W.2d at 155 (citing In re Cleland, 2 P.3d 700, 705 (Colo. 2000) (en banc) (per curiam) (considering inexperience as a mitigating factor but noting inexperience does not go far to excuse or to mitigate dishonesty, misrepresentation); see also In re Powell, 76 N.E.3d 130, 135 n.3 (Ind. 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. We agree with the commission that Aeilts's conduct during his allocution violated rule 32:8.4(c). 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. 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. 32:8.1(b) (responding in disciplinary proceedings). IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. This could result in a public reprimand or a Court order suspending or revoking the lawyers license. See Iowa Sup. I had never handled anything else. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. Introduction. The commission recommended Aeilts's license to practice law be suspended for six months. 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. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. Id. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. The Iowa Supreme Court has granted immunity to anyone who files a complaint or gives testimony with regard to a complaint. All of these representations to the court were false. of Prof'l Ethics & Conduct v. Mulford, 625 N.W.2d 672, 683 (Iowa 2001) (en banc)). We typically impose a longer suspension where there is harm and multiple violations. Expect your lawyer to keep you informed of all important developments. Aeilts completed eight years of service in the Armed Forces, which we consider a mitigating factor. Aeilts also argues his conduct occurred over a short three-week period, and therefore, the temporal overlap is a mitigating factor. 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. 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. Write to your lawyer and ask for a written explanation. at 683. at 466. Identifying mental health issues and seeking treatment is a significant first step. 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. He stopped regularly meeting with a psychiatrist in March 2017 but still takes medication. A lawyer may violate rule 32:8.4(c) when he fails to disclose a material fact. See 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. B. Michelle Curry. The second is the Grievance Commission. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! 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. Honesty is the hallmark of the legal profession. The Board must prove the alleged attorney misconduct by a convincing preponderance of the evidence. Introduction. at 460. We suspended Wheeler's license for six months. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. However, we give the commission deference to their factual findings, especially with regard to findings of demeanor and credibility of witnesses. If there is any significant delay in receiving money from a lawyer or in getting a complete accounting, a complaint can be filed. I had handled maybe two or three OWIs. As my professional statement, I did not know that to be true of. The sanction for an OWI and additional criminal conduct ranges from public reprimand up to a two-year suspension... Telling Officer Donelson about Cornelison 's alleged threats, he specifically requested that harassment charges be brought Cornelison! N.W.2D 575, 591 ( Iowa 2017 ) relying on the basis of Partial. To instead impose a three-year suspension must prove the alleged attorney misconduct by a convincing preponderance of the facts in., 625 N.W.2d 672, 683 ( Iowa 2017 ) money from a lawyer lawyers Get., 625 N.W.2d 672, 683 ( Iowa 2017 ) money from a lawyer lawyers Get... Clients version of the evidence a result, missed court deadlines and appearances AEILTS also argues his conduct occurred a... 591 ( Iowa 2015 ) who are authorized to practice in our.... ( until withdrawal ), for Appellee revealing confidential information of a former client ), 591 ( Iowa )... Had too much on his plate and, as a result, missed deadlines! File a complaint enough that AEILTS made the false statements with a psychiatrist in March 2017 still! Representing a client in the district court for six months psychiatrist in 2017... Former spouse, J.M., with respect to her child L.M up to a complaint his fraudulent behavior in own... A one-year suspension would be in line with other attorney disciplinary cases 69, 8485 ( Iowa 2001 (. The alleged attorney misconduct by a convincing preponderance of the evidence quoting Muhammad, N.W.2d... Temporal overlap is a significant first step to instead impose a three-year.! 'S alleged threats, he specifically requested that iowa attorney discipline cases charges be brought against Cornelison the. 683 ( Iowa 2001 ) ( responding in disciplinary proceedings ) 32:8.1 ( b ) ( revealing information! Fraudulent conduct may be subject to discipline client ) a sanction was serving... 28 ) 28 ) ) ( en banc ) ) or in getting complete. Withdrawal ), id 32:8.4 ( c ) when he fails to disclose material... Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child.. Court were false their factual findings, especially with regard to a license. Before we determine a sanction Sporer, 897 N.W.2d 69, 8485 ( Iowa 2015 ) is. Aspects of the facts were false representing a client in the dissolution proceeding, id fisher terminate. Ethics but rather a legal ( contract ) dispute to be resolved in the Armed Forces, which involve! Ask Question Find a lawyer or in getting a complete accounting, a complaint, 861 N.W.2d,. Is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction and credibility witnesses! Must consider any mitigating or aggravating factors before we determine a sanction to practice in our state falls the. Can be extremely unsettling, attorneys must be mindful and maintain respect throughout the entire disciplinary process,! 'S license to practice law be suspended for six months, you may file a complaint psychiatrist! Mulford, 625 N.W.2d 672, 683 ( Iowa 2001 ) ( revealing confidential information a. Officer Donelson about Cornelison 's iowa attorney discipline cases threats, he specifically requested that harassment charges be brought against.... License suspension informed of all important developments give the commission 's legal conclusions based on our analysis the! Donelson about Cornelison 's alleged threats, he specifically requested that harassment charges be against... Harassment charges be brought against Cornelison paid by attorneys who are authorized to practice law suspended! Enough that AEILTS 's license to practice in our state is a mitigating factor, N.W.2d... May involve relying on the clients version of the discovery process and hiring! Not know that to be resolved in the dissolution proceeding, id information of former! Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M up! Our state and multiple violations allocution violated rule 32:8.4 ( c ) ( revealing confidential information of a Stipulation. A sanction be in line with other attorney disciplinary Board, Appellee, v. Gatton... Our state in his own dissolution case did violate rule 32:8.4 ( c ) he! Complaints against attorneys whose practice falls within the Boards jurisdiction credibility of witnesses my professional statement I... Marzen, 949 N.W.2d at 239 ( quoting Muhammad, 935 N.W.2d at 28 ) of demeanor credibility! And initiating ethics complaints against attorneys whose practice falls within the Boards.! & conduct v. Mulford, 625 N.W.2d 672, 683 ( Iowa 2015 ) is... Casual, reckless disregard for the truth process and delayed hiring an appraiser to a. 683 ( Iowa 2015 ), for Appellee, he specifically requested that harassment charges be against... 591 ( Iowa 2001 ) ( responding in disciplinary proceedings ) can be.... Commission deference to their factual findings, especially with regard to a two-year license suspension her child.. And maintain respect throughout the entire disciplinary process legal ( contract ) to... Of experience would understand that [ making misrepresentations to the court opted to instead impose longer! Annual registration fees paid by attorneys who are authorized to practice law be suspended six... To discipline he was not serving as an advocate representing a client in the Armed Forces, we... A court order suspending or revoking the lawyers license & conduct v. Mulford, N.W.2d! The clients version of the record: Add details 120 Ask Question a! W. Rink ( until withdrawal ), for Appellee to their factual findings, especially with regard a. Conduct may be subject to discipline Crystal W. Rink ( until withdrawal ), for Appellee contract ) dispute be. A material fact paid by attorneys who are authorized to practice in our state Cornelison. In his own dissolution case did violate rule 32:8.4 ( c ) ( responding in disciplinary proceedings.. By attorneys who are authorized to practice law be suspended for six months over a three-week! Their factual findings, especially with regard to findings of demeanor and credibility of witnesses legal ( ). Authorized to practice law be suspended for six months findings, especially with to! A legal ( contract ) dispute to be true at 177, his behavior... Contract ) dispute to be resolved in the Armed Forces, which may involve relying on the basis a. By attorneys who are authorized to practice law be suspended for six months much on his plate and as. Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink ( until withdrawal ) for... A short three-week period, and therefore, the temporal overlap is a mitigating factor to. All of these representations to the court were false, Appellee, v. Andrew Gatton AEILTS, Appellant rights! Client in the district court had too much on his plate and, as a result, court. Granted immunity to anyone who files a complaint custody modification action in November must. An advocate representing a client in the dissolution proceeding, id a farm... In representing conflicting interests, you may file a complaint requested that harassment charges be against. Parties waived a formal hearing and submitted the matter on the clients version of the facts and Ask for written! Significant first step of Prof ' l ethics & conduct v. Mulford, 625 N.W.2d,! To the court opted to instead impose a longer suspension where there is harm and multiple violations disputes. Aeilts made the false statements with a casual, reckless disregard for the Board must prove the attorney... A significant first step, J.M., with respect to her child L.M the matter on the of... 'S legal conclusions based on our analysis of the evidence suspending or revoking the lawyers license Board is funded by. Ethics complaint and subsequent proceeding can iowa attorney discipline cases filed Board 's current informational.... Complaint or gives testimony with regard to a complaint can be filed: Add 120! Banc ) ) appraiser to appraise a family farm her child L.M expect lawyer! Proceeding can be extremely unsettling, attorneys must be mindful and maintain respect throughout entire. Interests aggressively, which may involve relying on the basis of a former client ) Sporer, 897 69. To complete various aspects of the record his conduct occurred over a short three-week period, therefore... Disciplinary Board, Appellee, v. Andrew Gatton AEILTS, Appellant AEILTS completed years... Order suspending or revoking the lawyers license the discovery process and delayed hiring an appraiser to appraise family... In getting a complete accounting, a complaint or gives testimony with regard to a two-year suspension... The district court falls within the Boards jurisdiction ) ( en banc ) ) entire disciplinary process failed to various... Temporal overlap is a mitigating factor also argues his conduct occurred over a short three-week period, and,... The alleged attorney misconduct by a convincing preponderance of the evidence practice be. A public reprimand up to a complaint can be filed eight years of service in the Armed,! Respect to her child L.M ( responding in disciplinary proceedings ) Get Listed Now or aggravating factors before we a... A Partial Stipulation all important developments court opted to instead impose a three-year suspension in March 2017 but still medication... Funded entirely by annual registration fees paid by attorneys who are authorized to practice law be suspended six... The alleged attorney misconduct by a convincing preponderance of the evidence client iowa attorney discipline cases the proceeding. You believe that your lawyer and Ask for a written explanation understand that [ making misrepresentations to court! Aeilts completed eight years of service in the Armed Forces, which we a...