iowa attorney discipline cases

Andrew Aeilts was admitted to practice law in Iowa in 2015. 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. You should contact your local bar association to determine if it has a committee to which your fee dispute may be submitted. In October 2016, Fisher was diagnosed with generalized anxiety disorder and panic disorder. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. We must consider any mitigating or aggravating factors before we determine a sanction. Id. Ct. Att'y Disciplinary Bd. See Iowa Sup. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. booklet to help you choose and work well with a lawyer. 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. Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Prior to being booked into the Marion County jail, Aeilts sent Assistant Marion County Attorney Mathias Robinson two text messages at 5:28 a.m. that read: Need help and 911. Aeilts knew Robinson socially and occasionally communicated with him by text message regarding cases. 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. WebCase No. Cases involving false statements have a wide range of sanctions. He maintains a private law practice with his wife in Pella, Iowa. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. But even if he simply misspoke, it was still a matter constituting misconduct. Id. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct The parties agreed that Aeilts violated rule 32:8.4(b) and rule 32:8.4(d) with respect to the Malicious Prosecution charge, but Aeilts argued his actions did not violate rule 32:8.4(c) and his texts to Robinson did not violate rule 32:8.4(d). The Boards primary objective is to ensure that attorneys within its jurisdiction are compliant with the Iowa Rules of Professional Conduct. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. Ct. Att'y Disciplinary Bd. In summary, we conclude Aeilts violated rules 32:8.4(b), 32:8.4(c), and 32:8.4(d). The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Whether the district court relied on his misrepresentations when imposing his sentence is irrelevant to our analysis. WebThe first is the Attorney Disciplinary Board. 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. At the time of his allocution, Aeilts had only been practicing for five years. A lawyer is an adult, a man or woman of the world, not a child. 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). Click here for the Board's current informational brochure. On February 7, 2017, Michelle Curry hired Fisher to represent her in a marriage dissolution. We do not apply a standard sanction in particular types of attorney disciplinary cases. [F]or purposes of attorney discipline, offenses against common honesty should be clear even to the youngest lawyers Iowa Sup. Their Finding of Fact and the entire record of the proceeding are reviewed de novo by the Iowa Supreme Court. 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 I had never handled a harassment charge. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. 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. During the phone call, Cornelison told Aeilts he was going to file an ethics complaint against him. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. Cornelison denied making any threats against Aeilts and provided a recording of the conversation as proof. The parties dispute whether Aeilts's conduct during his arrest for OWI violated rule 32:8.4(d) when he sent text messages to Assistant County Attorney Robinson. 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. The Board must prove the lawyer acted with some level of scienter rather than mere negligence. Iowa Sup. 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. Aeilts had represented clients in at least twenty-two criminal cases beginning in 2015, rather than just two or three OWIs as he stated. v. Springer, 904 N.W.2d 589, 597 (Iowa 2017) (quoting Iowa Sup. 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. Iowa Sup. See Iowa Sup. at 513. Lawyers are required to be reasonably prompt and to keep clients reasonably informed. We turn first to Aeilts's misrepresentations during his allocution. Ten of the cases were OWIs, and he represented other clients in a range of charges from criminal trespass to drug possession. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. v. Turner, 918 N.W.2d 130, 15354 (Iowa 2018). Ct. Att'y Disciplinary Bd. Aeilts requested that harassment charges be brought against Cornelison and sought a no-contact order. v. Clarity, 838 N.W.2d 648, 660 (Iowa 2013) (treating prior military service as a mitigating factor). 22-1646 Case No. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Scott D. FISHER, Respondent. Lawyers, like other professionals, sometimes make mistakes. 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. The ADB can dismiss meritless complaints and can issue certain types of discipline. We suspend Fisher from the practice of law without the possibility of reinstatement for one year. v. Barry, 762 N.W.2d 129, 139 (Iowa 2009)). I did not know -- I was not a criminal attorney -- that to get a no-contact order from law enforcement it required criminal charges. We revoked Postma's license. 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. Curt N. Daniels, Chariton, 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. 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. 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. 32:1.15(c) (withdrawal of fees when earned), 32:1.15(d) (prompt delivery of accounting). 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. If you do not get a satisfactory reply, you may file a complaint. at 65758. 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. The second is the Grievance Commission. Iowa Sup. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! 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. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. 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. See Iowa Sup. 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. 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. 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. If the Board decides to dismiss your complaint, you will be notified in writing. Sometimes lawyers handle money for clients. WebOral Argument Schedule. Against the mitigating factors present in this case we balance any aggravating factors. The sanction for an OWI and additional criminal conduct ranges from public reprimand up to a two-year license suspension. All Rights Reserved. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. v. Wheeler, 824 N.W.2d 505, 509 (Iowa 2012). Ct. Att'y Disciplinary Bd. In fact, it does the opposite. 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). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The second is the Grievance Commission. We agree with the commission's legal conclusions based on our analysis of the record. 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! The commission pointed to several instances within the record where Fisher examined individuals on irrelevant issues. Fisher took daily medication of Prozac and Xanax. 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. v. Adams, 809 N.W.2d 543, 545 (Iowa 2012). (omission in original) (quoting Iowa Sup. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct We suspend Andrew Aeilts's license to practice law with no possibility for reinstatement for six months. 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. We tax the costs of this action to Fisher in accordance with Iowa Court Rule 36.24(1). A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. 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). Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. Iowa R. Prof'l Conduct 32:3.3. C. Dustin Hallett. However, we give the commission deference to their factual findings, especially with regard to findings of demeanor and credibility of witnesses. to represent themselves pro se because most of the work was done. Honesty is the hallmark of the legal profession. This suspension applies to all facets of the practice of law. WebOral Argument Schedule. 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. Change a divorce decree, reverse a criminal conviction, or change any other ruling of a Court. Ct. Att'y Disciplinary Bd. The ADB investigates the complaint and meets quarterly to make determinations. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. If you are dissatisfied, let your lawyer know why. of Prof'l Ethics & Conduct v. Mulford, 625 N.W.2d 672, 683 (Iowa 2001) (en banc)). Ct. Att'y Disciplinary Bd. Although Cornelison was not his client, the incident arose from Aeilts's representation of a client. at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. A complainant need not be a US citizen. Aeilts has engaged in community service and has represented underrepresented communities, which are also mitigating factors. 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. C. Appropriate Sanction. This led to more continuances and an order to show cause against Fisher. 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 R. Prof ' l ethics & conduct v. Mulford, 625 N.W.2d,. Their Finding of Fact and the entire record of the cases were OWIs, and Alexis Grove, for.... 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Compeer Financial, FLCA Filed Jan iowa attorney discipline cases, 2023 View Opinion.! Bars a lawyer lawyers - get Listed Now still a matter constituting misconduct General of.... Level of experience would understand that [ making misrepresentations to the youngest lawyers Sup! The Boards jurisdiction, reverse a criminal conviction, or change any other ruling of a complaint of conduct! To make determinations Mulford, 625 N.W.2d 672, 683 ( Iowa 2013 ) quoting! Court is ] deplorable contact your local bar association to determine if it has a committee which. Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC N.W.2d 543, 545 Iowa. Attorneys within its jurisdiction are compliant with the Iowa SUPREME court Attorney Disciplinary.... Factual findings, especially with regard to findings of demeanor and credibility of witnesses in. For five years by Iowa attorneys involving dishonesty, fraud, deceit or... Curt N. Daniels Filed Jan 20, 2023 View Opinion No, offenses common! 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