844 N.W.2d 456, 46263 (Iowa 2014). We agree with the commission that Aeilts's conduct during his allocution violated rule 32:8.4(c). Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. As my professional statement, I did not know that to be true. WebOral Argument Schedule. 22-1646 Case No. Here are a few examples of types of complaints handled by the Board: Do you think your lawyer has been taking too long with your legal matter? In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. In Iowa Supreme Court Attorney Disciplinary Board v. McGinness, we found an attorney violated rules 32:8.4(c) and 32:8.4(d) when he falsified the certificate of service on civil discovery requests he failed to send to opposing counsel and then doubled down to the point of hiring a handwriting expert to support his insistence he had not copied the certificate from another filing when confronted. Here, Aeilts sought to have Cornelison prosecuted for harassment, having no reasonable grounds for believing he committed harassment; Aeilts's report caused law enforcement and prosecutorial resources to be diverted in an investigation; and Aeilts's conduct hampered the efficient and proper operation of the ancillary systems upon which the courts rely. Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. B. Mitigating and Aggravating Factors. ; see also Iowa Sup. Fisher's posttrial brief and brief regarding sanctions asked us to consider his mental health issues in determining an appropriate sanction. No. 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. Please try again. 32:1.15(c) (withdrawal of fees when earned), 32:1.15(d) (prompt delivery of accounting). Ct. Att'y Disciplinary Bd. 21-0774 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. 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. Schmidt, 796 N.W.2d 33, 40 (Iowa 2011) (omission and alteration in original) (quoting Iowa Sup. Fisher also listed remorse as a mitigating factor in his posttrial brief and brief regarding sanctions. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Scott D. FISHER, Respondent. However, criminal or fraudulent conduct may be subject to discipline. All members are unpaid volunteers appointed by the Supreme Court. Weather related closures Wednesday, February 22, 2023, Archived Supreme Court Opinions Prior to 2017, Archived Court of Appeals Opinions from 1/10/2018 to 2/7/2018, Archived Court of Appeals Opinions from 2017 and Earlier, How to Become a Qualified Court Interpreter in Iowa, Information for Current Court Interpreters, State Court Administration Organizational Chart, Submission of CLE Programs by CLE Sponsors. v. Barry, 762 N.W.2d 129, 139 (Iowa 2009)). v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012))). On Friday, the court opted to instead impose a three-year suspension. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. An attorney's casual, reckless disregard for the truth also establishes sufficient scienter to support a violation of the rule. Iowa Sup. Ct. Att'y Disciplinary Bd. A. Haylie Reiter. However, we give the commission deference to their factual findings, especially with regard to findings of demeanor and credibility of witnesses. We reject Aeilts's attempt to chalk his actions up to inexperience. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. 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 Boards primary objective is to ensure that attorneys within its jurisdiction are compliant with the Iowa Rules of Professional Conduct. Aeilts's conduct easily meets this standard. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. Cornelison denied making any threats against Aeilts and provided a recording of the conversation as proof. We typically impose a longer suspension where there is harm and multiple violations. Weather related closures Wednesday, February 22, 2023, Archived Supreme Court Opinions Prior to 2017, Archived Court of Appeals Opinions from 1/10/2018 to 2/7/2018, Archived Court of Appeals Opinions from 2017 and Earlier, How to Become a Qualified Court Interpreter in Iowa, Information for Current Court Interpreters, State Court Administration Organizational Chart, Submission of CLE Programs by CLE Sponsors. 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. The record is filled with examples of clients or opposing counsel sending several emails asking for updates or questions on their cases, as well as many follow-up emails, texts, or calls that went unanswered. All Rights Reserved. In fact, Robinson did not work on the case at all. Ct. Att'y Disciplinary Bd. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Change the fee a lawyer charged or require a refund. See Turner, 918 N.W.2d at 158 (imposing a one-year suspension for neglect, trust account violations, and multiple other violations); Iowa Sup. Upon our de novo review of the record, we agree with the commission's factual findings. Based on these violations, the commission recommended a suspension of one year. 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. Ct. Att'y Disciplinary Bd. 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 Boards jurisdiction extends to the attorneys license alone. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Introduction. Ct. Att'y Disciplinary Bd. In October 2016, Fisher was diagnosed with generalized anxiety disorder and panic disorder. 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 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). Both the Board and Fisher filed briefs in support of a one-year suspension. They then issue a Finding of Fact and Recommendation of Sanction. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. at 683. See Iowa Sup. at 467. 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. A lawyer might handle a matter in a way that is inadequate but not unethical. We do not apply a standard sanction in particular types of attorney disciplinary cases. It should go without saying that misrepresenting facts to a court and to law enforcement violates the rules of professional conduct Iowa attorneys take an oath to uphold. At the time of the facts giving rise to this case, I was not a criminal defense attorney. It includes one's [moral] character and one's suitability to act as an officer of the court. Id. The commission pointed to several instances within the record where Fisher examined individuals on irrelevant issues. 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. v. Sporer, 897 N.W.2d 69, 8485 (Iowa 2017). After conducting our review, we agree with the Board and the commission that Aeilts violated all of the alleged rules. The Board is not a collection agency. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. 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. Ct. Att'y Disciplinary Bd. The email address cannot be subscribed. Get a free directory 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 Board has prepared a booklet to help you choose and work well with a lawyer. v. Gailey, 790 N.W.2d 801, 80508 (Iowa 2010) (suspending lawyer's license for sixty days for aiding and abetting a violation of a no-contact order between his son and his son's wife and offering her an inducement to testify in a certain way in his son's pending criminal matter); Iowa Sup. I was not a criminal defense attorney. 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. at 65758. at 571. 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. 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. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. Aeilts's conduct with regard to the Malicious Prosecution conviction violated rule 32:8.4(d). Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. Ct. Att'y Disciplinary Bd. Copyright 2023, Thomson Reuters. 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. During the phone call, Cornelison told Aeilts he was going to file an ethics complaint against him. v. Adams, 809 N.W.2d 543, 545 (Iowa 2012). D. J.H. The Attorney Disciplinary Board has no jurisdiction of a negligence claim. 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. Fisher did not respond to a guardian ad litem's continuance motion and did not update A.H. on various aspects of the case. v. Meyer, 944 N.W.2d 61, 69 (Iowa 2020)). The nature of Aeilts's conduct is an aggravating factor in this case. See Iowa Sup. Iowa Sup. Expect your lawyer to keep you informed of all important developments. The Grievance Commission is made up of members that are geographically and gender-balanced. Fisher pursued a custody modification action in September and then a termination action in November. Honesty is the hallmark of the legal profession. v. Turner, 918 N.W.2d 130, 156 (Iowa 2018). The Grievance Commission holds fact-finding hearings on ethical complaints not able to be resolved through the ADB process. All Rights Reserved. Our last issue is to determine the appropriate sanction. 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. Sometimes, but such complaints often fail to understand our adversary system of justice. Aeilts argues lack of harm to clients is a significant mitigating factor for his actions. Ct. Bd. No. Id. In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. How long will the matter take? WebOral Argument Schedule. v. Muhammad, 935 N.W.2d 24, 38 (Iowa 2019)). Donelson contacted Cornelison during his investigation. It also has 35 lay members. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Later in the day, Robinson responded to Aeilts's texts asking, What's up? Aeilts responded with two more text messages: Made a mistake that'll be coming across your desk. 160, 27 L.Ed.2d 162 (1970). WebThe first is the Attorney Disciplinary Board. 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. In August 2016, Haylie Reiter (formerly known as Kelsey Blake) hired Fisher for a custody modification action. v. Bowles, 794 N.W.2d 1, 7 (Iowa 2011). The second is the Grievance Commission. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. 2017) (per curiam) (noting inexperience will generally not be a mitigating factor in cases involving dishonesty)). 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). News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! Their Finding of Fact and the entire record of the proceeding are reviewed de novo by the Iowa Supreme Court. 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. Id. Id. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of A. Require a lawyer to return money or property to a client. 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. E. A.H. On September 1, 2017, A.H. and Fisher entered into an attorneyclient relationship. Lastly, it can file complaints with the Grievance Commission. I had never handled a harassment charge. Our decision in Iowa Supreme Court Attorney Disciplinary Board v. Rhinehart, 827 N.W.2d 169 (Iowa 2013), defeats Aeilts's position. Upon our de novo review of the record, we suspend Fisher's license for one year. If you change your address or phone number, let your lawyer know right away. Donelson asked Aeilts if he had a recording of the conversation. We agree with the commission's analysis of the aggravating and mitigating circumstances. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. Specifically, Aeilts misrepresented facts to law enforcement and to the court during two separate incidents. (quoting Iowa Sup. Ten of the cases were OWIs, and he represented other clients in a range of charges from criminal trespass to drug possession. The commission recommended Aeilts's license to practice law be suspended for six months. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. Iowa Sup. G. Trust Account Violations. See Iowa Sup. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. FISHER. 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. Recognizing the potential for someone to not have perfect recollection of an event, we remarked that the inability of a person to accurately recall an event does not necessarily lead to the conclusion that the person's inaccurate recollection is an expression of dishonesty or deceit. Id. Fisher hired a process server but either lost or never obtained proof of service. v. Marzen, 949 N.W.2d 229, 239 (Iowa 2020) (quoting Iowa Sup. so that C.B.W.s current spouse could adopt L.M. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. 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. 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. 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 second incident giving rise to the Board's complaint against Aeilts occurred less than a month later on September 16, when Aeilts drove while intoxicated. v. Johnson, 884 N.W.2d 772, 777 (Iowa 2016)). Ct. Att'y Disciplinary Bd. Fisher also failed to respond to several inquiries from Curry about discovery or the appraiser. Resolve claims of ineffective assistance of counsel or violation of constitutional rights in a criminal proceeding. The Board points out one attorney disciplinary case involving malicious prosecution: Iowa Supreme Court Board of Professional Ethics & Conduct v. Postma, 555 N.W.2d 680 (Iowa 1996). 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