iowa attorney discipline cases02 Apr iowa attorney discipline cases
v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. v. Suarez-Quilty, 912 N.W.2d 150, 158 (Iowa 2018), a fact we think is clear from the record of Aeilts's allocution. The disciplinary and complaint process is funded by an assessment on all lawyers admitted to the practice of law in Iowa. No. 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. 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. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010)). The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. There is no temporal overlap to mitigate Aeilts's conduct, and we reject his argument to the contrary. 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. [M]isrepresentation is a serious breach of professional ethics. Id. 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. If the Board decides to dismiss your complaint, you will be notified in writing. We also stress that the misconduct impacted children through custody modification or termination actionspractice areas which Fisher held out as being his expertise. 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. An attorney only need to have made a false statement to a court with the aim to mislead to violate the rule, Iowa Sup. v. Barry, 908 N.W.2d 217, 23435 (Iowa 2018) (suspending lawyer's license for one year after lawyer advised his client that he had filed his dissolution petition and then created a fraudulent divorce decree). 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. First, Aeilts's allocution statements were not off-the-cuff nervous chatter but were made, in his words, specifically to clarify a misrepresentation that was made about [his] history. Second, we are particularly troubled by Aeilts's attempt to minimize his experience to look more favorable to the sentencing judge. The email address cannot be subscribed. 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. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! 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. Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. at 78788. It also has 35 lay members. We respectfully consider the commission's factual findings and recommendations but we are not bound by them. v. Stoller, 879 N.W.2d 199, 212 (Iowa 2016) (quoting 7A C.J.S. 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. Aeilts had represented clients in at least twenty-two criminal cases beginning in 2015, rather than just two or three OWIs as he stated. The Board is not a collection agency. Andrew Aeilts was admitted to practice law in Iowa in 2015. If there is any significant delay in receiving money from a lawyer or in getting a complete accounting, a complaint can be filed. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. We do not apply a standard sanction in particular types of attorney disciplinary cases. We agree with the commission's analysis of the aggravating and mitigating circumstances. Id. About how much will it cost? Fisher's legal practice showed a clear pattern of misconduct across several clients. Curt N. Daniels, Chariton, 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). The court sentenced Aeilts to three days in the Wayne County Jail and a $315 fine on the Malicious Prosecution charge. Although he said he had never even handled a simple assault, he had actually represented clients for assault in two separate criminal cases. WebCase No. On July 6, the Board filed a motion for sanctions for failure to provide all of the requested trust account records, subaccount records, and notices of withdrawal of trust funds for each of the requested clients. Iowa R. Prof'l Conduct 32:3.3. [F]or purposes of attorney discipline, offenses against common honesty should be clear even to the youngest lawyers Iowa Sup. An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). v. Blessum, 861 N.W.2d 575, 591 (Iowa 2015). Cases involving false statements have a wide range of sanctions. 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. After conducting our review, we agree with the Board and the commission that Aeilts violated all of the alleged rules. 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. Id. Ct. Att'y Disciplinary Bd. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. Introduction. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. v. Kieffer-Garrison, 951 N.W.2d 29, 3536 (Iowa 2020). I did not know -- I was not a criminal attorney -- that to get a no-contact order from law enforcement it required criminal charges. The Grievance Commission chair appoints a panel of 4 lawyers and 1 lay member who hear the testimony and evidence regarding the alleged misconduct. 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. WebCase No. The lawyer must promptly and completely account for a clients money. Aeilts drove his car through a cornfield, damaging his vehicle and the field, and placed other drivers at risk of injury when he then drove another six miles before being stopped. The Board and Fisher agree that a one-year suspension is appropriate. ; see also Iowa Sup. 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. 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). 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. and J.B.W. I had never handled so much as a simple assault. We conclude Aeilts violated rule 32:8.4(b). Ct. Att'y Disciplinary Bd. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. Ask your lawyer what to expect. A. Haylie Reiter. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. Honesty is the hallmark of the legal profession. Lawyers are required to be reasonably prompt and to keep clients reasonably informed. You may or may not be called on by an investigator. This led to more continuances and an order to show cause against Fisher. I was not a criminal defense attorney. 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. Upon our de novo review of the record, we agree with the commission's factual findings. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Scott D. FISHER, Respondent. v. Muhammad, 935 N.W.2d 24, 38 (Iowa 2019)). The commission concluded that Aeilts violated all the rules alleged by the Board but agreed with Aeilts that he did not violate rule 32:8.4(d) when he texted the assistant county attorney. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. 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! Aeilts's argument also ignores the serious potential ramifications of his conduct to an innocent person as well as to the criminal justice system. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. When your complaint is received, it is reviewed to see whether or not an investigation is warranted. He maintains a private law practice with his wife in Pella, Iowa. Ct. Att'y Disciplinary Bd. Fisher provided some banking records, invoices, and retainer agreements for a few of the clients. The Board must prove the lawyer acted with some level of scienter rather than mere negligence. Iowa Sup. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. 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. Aeilts committed multiple rule violations involving conduct from two unrelated events. Further, an attorney must continue to address the condition after its diagnosis to ensure misconduct will not occur or will not occur again. The commission pointed to several instances within the record where Fisher examined individuals on irrelevant issues. How long will the matter take? The following considerations factor into our determination of whether there was a rule 32:8.4(b) violation: the lawyer's mental state; the extent to which the act demonstrates disrespect for the law or law enforcement; the presence or absence of a victim; the extent of actual or potential injury to a victim; and the presence or absence of a pattern of criminal conduct. WebThe first is the Attorney Disciplinary Board. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. 45.2(3)(a) (complete records of funds and other property). The Grievance Commission holds fact-finding hearings on ethical complaints not able to be resolved through the ADB process. Donelson contacted Cornelison during his investigation. v. Johnson, 884 N.W.2d 772, 777 (Iowa 2016)). We suspended his license for three months. Aeilts completed eight years of service in the Armed Forces, which we consider a mitigating factor. Aeilts must comply with the notification requirements to his clients in Iowa Court Rule 34.24. Click here for the Board's current informational brochure. Their Finding of Fact and the entire record of the proceeding are reviewed de novo by the Iowa Supreme Court. Ct. Bd. 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. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. He also changed his routine to manage his anxiety. You should consult with an attorney to protect your legal rights and determine the nature of your legal responsibilities. Ct. Att'y Disciplinary Bd. v. Turner, 918 N.W.2d 130, 15354 (Iowa 2018). Ct. Att'y Disciplinary Bd. 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. Complaints about lawyers not paying bills are resolved in the courts of Iowa. 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. 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). 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