Honesty is the hallmark of the legal profession. In fact, Robinson did not work on the case at all. 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. Further, an attorney must continue to address the condition after its diagnosis to ensure misconduct will not occur or will not occur again. See Iowa Sup. About how much will it cost? Curt N. Daniels, Chariton, Curt N. Daniels, Chariton, An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). Introduction. 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. Fisher provided some banking records, invoices, and retainer agreements for a few of the clients. In October 2016, Fisher was diagnosed with generalized anxiety disorder and panic disorder. 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. We tax the costs of this action to Aeilts under Iowa Court Rule 36.24(1). 32:8.1(b) (responding in disciplinary proceedings). 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. This could result in a public reprimand or a Court order suspending or revoking the lawyers license. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. WebThe first is the Attorney Disciplinary Board. We give each of these cases their due weight. The commission's report recommended that we suspend Fisher's license to practice law for one year. Ct. Att'y Disciplinary Bd. On Friday, the court opted to instead impose a three-year suspension. We reject Aeilts's arguments that his misrepresentations to the court were not knowing or intentional but due to his negligence and incompetence. D. J.H. Attorney & Client 103, at 24 (2015)). 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 Iowa Sup. so that C.B.W.s current spouse could adopt L.M. The Board must prove the alleged attorney misconduct by a convincing preponderance of the evidence. Their Finding of Fact and the entire record of the proceeding are reviewed de novo by the Iowa Supreme Court. 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 36. Ten were misdemeanor OWIs; two were felonies. We stated, [I]t does not appear that Ramey was attempting to deceive the court. The law will make inferences as to a lawyer's knowledge with those considerations in mind. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. 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 created procedures for addressing complaints concerning alleged violations of the Rules of Professional Conduct. We review attorney disciplinary proceedings de novo. v. Turner, 918 N.W.2d 130, 15354 (Iowa 2018). In Ramey, we held that a prosecutor's statement to the district court that he personally checked the serial numbers on the bills he was offering as an exhibit with the serialized list was a misrepresentation in violation of DR 1102(A)(4), the precursor to rule 32:8.4(c). The Board recommends a six-month suspension, while Aeilts asks for thirty days. 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. [T]he law takes account of a lawyer's legal training and experience in assessing his or her state of mind. at 57172. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. Around 3:40 a.m., Aeilts drove his vehicle off of the roadway, through a cornfield causing damage to the field and to his vehicle, and then drove approximately six miles with a damaged windshield before being stopped by law enforcement. Ct. Att'y Disciplinary Bd. The disciplinary and complaint process is funded by an assessment on all lawyers admitted to the practice of law in Iowa. Instead, a prosecutor from another county handled Aeilts's case. Ct. Att'y Disciplinary Bd. v. Stoller, 879 N.W.2d 199, 212 (Iowa 2016) (quoting 7A C.J.S. We reject Aeilts's attempt to chalk his actions up to inexperience. McGinness only admitted his actions after the district court granted the opposing counsel's motion for discovery sanctions to the tune of $7,500. It can order mental or physical examination or treatment. Id. 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? State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. In August 2016, Haylie Reiter (formerly known as Kelsey Blake) hired Fisher for a custody modification action. 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. If a lawyer violates an ethical rule, the lawyer may be disciplined. Id. Ct. Att'y Disciplinary Bd. 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. The record does not indicate Fisher's conditions directly caused the violations in the complaint. 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). The Boards jurisdiction extends to the attorneys license alone. 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. Based on these violations, the commission recommended a suspension of one year. Fisher and the Board did not contest the commission's legal conclusions. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. v. Bartley, 860 N.W.2d 331, 337 (Iowa 2015). 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. The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. Iowa Sup. 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. Ct. Att'y Disciplinary Bd. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. and J.B.W. at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. v. Sears, 933 N.W.2d 214, 225 (Iowa 2019) (recognizing that attorney's lack of prior discipline was considered a mitigating factor; however, it did not weigh heavily because the misconduct started five months after the attorney was admitted to the Iowa bar). Id. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. 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 nature of Aeilts's conduct is an aggravating factor in this case. The commission pointed to several instances within the record where Fisher examined individuals on irrelevant issues. WebCase No. Ct. Att'y Disciplinary Bd. When determining whether a lawyer violated rule 43:8.4(c), we focus on whether the effect of the lawyer's conduct is to mislead rather than to inform. Haskovec, 869 N.W.2d at 560. Here, the commission determined Fisher's remorse was not genuine repentance but in response to ethical charges. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. Make sure you have an agreement about your lawyers fees, in writing if possible. 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. 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). 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. 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). Ct. Att'y Disciplinary Bd. A lawyer is an adult, a man or woman of the world, not a child. G. Trust Account Violations. In fact, it does the opposite. No. Contact us. The Iowa Supreme Court has granted immunity to anyone who files a complaint or gives testimony with regard to a complaint. Ct. Att'y Disciplinary Bd. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. I was not a criminal defense attorney. 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. Upon our de novo review of the record, we suspend Aeilts's license for six months. We briefly summarize such factors and address Fisher's comments regarding his remorse and mental health issues from his brief regarding sanctions. WebOral Argument Schedule. Get a free directory v. Stowers, 823 N.W.2d 1, 717 (Iowa 2012) (suspending a lawyer's license for ninety days after he sent emails to his wife's former employer threatening to expose confidential information in violation of a protective order in an attempt to get her former employer to make a large cash donation to a charity in his wife's name); Iowa Sup. Can you complain against the other persons lawyer? No. The court system and the public we serve are damaged when our officers play fast and loose with the truth. If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. The ADB investigates the complaint and meets quarterly to make determinations. We review the alleged violations and evidence de novo to ensure that the Board has proven each allegation of misconduct by a convincing preponderance of the evidence. Ct. Att'y Disciplinary Bd. We tax the costs of this action to Fisher in accordance with Iowa Court Rule 36.24(1). The nature of those violations is also an aggravating factor. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Click here for the Board's current informational brochure. 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. At no point during the three-minute-and-thirty-two-second audio recording did Cornelison make any threats that he was going to physically assault or harm Aeilts. 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. Iowa Sup. The parties waived a formal hearing and submitted the matter on the basis of a Partial Stipulation. A one-year suspension would be in line with other attorney disciplinary cases. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. 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. v. Johnson, 884 N.W.2d 772, 777 (Iowa 2016)). See Iowa Sup. 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). We agree with the commission, the Board, and Fisher to conclude that a suspension of one year is appropriate. Aeilts maintains that he did not intentionally make false statements to the court, relying on Iowa Supreme Court Attorney Disciplinary Board v. Sobel, 779 N.W.2d 782 (Iowa 2010). Though county attorneys and other prosecutors are bound by ethics rules, their discretion whether or not to initiate a criminal prosecution is seldom a basis for a complaint of ethical misconduct. How frequently and by what means will we communicate? Id. In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. [M]isrepresentation is a serious breach of professional ethics. Id. However, mental health challenges must show a relationship to the unethical conduct to be considered a mitigating circumstance. 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. He or she is also better educated than most people, more sophisticated and more sharply sensitized to the legal implications of a situation. 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. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. 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. He also changed his routine to manage his anxiety. B. Iowa Rule of Professional Conduct 32:8.4(c). While an ethics complaint and subsequent proceeding can be extremely unsettling, attorneys must be mindful and maintain respect throughout the entire disciplinary process. We agree with the commission's analysis of the aggravating and mitigating circumstances. See Iowa Sup. Although Cornelison was not his client, the incident arose from Aeilts's representation of a client. 22-1646 Case No. Characterizing his conduct as an extraordinary one-time occurrence that is out of character for him, we suspended his license for six months to protect the integrity of the judicial system and the lawyers who work within it. Id. See Iowa Sup. v. Schmidt, 796 N.W.2d 33, 40 (Iowa 2011) (omission and alteration in original) (quoting Iowa Sup. 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. Iowa Sup. at 338 (quoting Iowa Sup. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. 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. Aeilts replied he did not but that he was not afraid to testify and informed Donelson that Cornelison had a criminal history. v. Baldwin, 857 N.W.2d 195, 215 (Iowa 2014). Ct. Att'y Disciplinary Bd. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Scott D. FISHER, Respondent. Curt N. Daniels, Chariton, The second is the Grievance Commission. All members are unpaid volunteers appointed by the Supreme Court. We considered his cooperation with the Board, completion of substance abuse and mental health treatment, and his acceptance of responsibility as mitigating factors. We must consider any mitigating or aggravating factors before we determine a sanction. 2017) (per curiam) (noting inexperience will generally not be a mitigating factor in cases involving dishonesty)). Click here for the Board's current informational brochure. Iowa Sup. Fisher later revealed Hallett's outstanding legal fees in a publicly viewable online exchange. See McGinness, 844 N.W.2d at 46364. Ct. Att'y Disciplinary Bd. We suspended his license for three months. 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. The charges involved client neglect, mishandling funds and trust accounts, revealing confidential information of former clients on the internet, false statements, frivolous filings, improperly withdrawing from a case, conduct prejudicial to justice, and failing to cooperate with the Board. Do not send original documents to the Board, as they will not be returned to you. A hearing before the commission occurred November 2 through November 5, 2020, and reconvened on November 30. 45.2(3)(c) (types of acceptable records for funds). 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. Finally, Aeilts cooperated with the Board, which is a mitigating factor. 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. Watkins, 944 N.W.2d 881, 893 (Iowa 2020). Iowa Sup. We conclude Aeilts violated rule 32:8.4(b). The Board must prove the lawyer acted with some level of scienter rather than mere negligence. Iowa Sup. 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. v. Kieffer-Garrison, 951 N.W.2d 29, 3536 (Iowa 2020). In lawsuits, disputes about the facts are resolved by the courts. I had never handled anything else. But even if he simply misspoke, it was still a matter constituting misconduct. 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 Click here for the Board's current informational brochure. WebI. Fisher did not respond to a guardian ad litem's continuance motion and did not update A.H. on various aspects of the case. See Iowa Sup. 32:1.15(c) (withdrawal of fees when earned), 32:1.15(d) (prompt delivery of accounting). 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. No. We agree with the commission's legal conclusions based on our analysis of the record. 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. What are the unpredictable factors? We conclude that Fisher's unsubstantiated claim of remorse is not a mitigating circumstance. Write to your lawyer and ask for a written explanation. See Iowa Sup. by April 5, 2020. 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. Ct. Att'y Disciplinary Bd. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. Aeilts completed eight years of service in the Armed Forces, which we consider a mitigating factor. He was clearly intoxicated during the incident as he later blew a .122. Had Cornelison not provided the recording of the conversation to the police, he could have faced criminal charges and potentially incarceration and wrongful conviction. v. Adams, 809 N.W.2d 543, 545 (Iowa 2012). Considering Retiring From The Practice of Law? Get a free directory Identifying mental health issues and seeking treatment is a significant first step. 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. 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. v. Bowles, 794 N.W.2d 1, 7 (Iowa 2011). 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). Iowa Sup. C. Iowa Rule of Professional Conduct Rule 32:8.4(d). An attorney's casual, reckless disregard for the truth also establishes sufficient scienter to support a violation of the rule. Iowa Sup. 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. The email address cannot be subscribed. The Board is not funded by the taxpayers of Iowa. 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. 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). Aeilts requested that harassment charges be brought against Cornelison and sought a no-contact order. 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. 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. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. to represent themselves pro se because most of the work was done. The recorded conversation revealed that Cornelison made no such threat. Ct. Att'y Disciplinary Bd. 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