iowa attorney discipline cases

At the time of his allocution, Aeilts had only been practicing for five years. 22-1646 Case No. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. Aeilts also misrepresented material facts to law enforcement when he reported to Officer Donelson that Cornelison threatened to physically assault him, seeking to press criminal charges for harassment and obtain a no-contact order. We conclude Aeilts violated rule 32:8.4(b). 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. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. at 78385. Id. v. Said, 953 N.W.2d 126, 155 (Iowa 2021) (holding attorney's representation of an underserved population is a mitigating factor). WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. 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. by April 5, 2020. We reject Aeilts's attempt to chalk his actions up to inexperience. v. Bieber, 824 N.W.2d 514, 523 (Iowa 2012)). 2023 Iowa Judicial Branch. The law will make inferences as to a lawyer's knowledge with those considerations in mind. WebOral Argument Schedule. Ct. Att'y Disciplinary Bd. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct Aeilts argues lack of harm to clients is a significant mitigating factor for his actions. Less than an hour later, Aeilts blew a .122 on a breathalyzer. Ct. Att'y Disciplinary Bd. WebI. I did not know -- I was not a criminal attorney -- that to get a no-contact order from law enforcement it required criminal charges. See Iowa Sup. 824 N.W.2d at 51011. B. Michelle Curry. We revoked Postma's license. We tax the costs of this action to Aeilts under Iowa Court Rule 36.24(1). hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. On their face, there was nothing untoward about the messages. 21-0672 Case No. Ct. Att'y Disciplinary Bd. The second is the Grievance Commission. 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. How long will the matter take? 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. This led to more continuances and an order to show cause against Fisher. Fisher also admitted to one violation of rule 32:8.1(b) (failure to respond to disciplinary proceedings). He was clearly intoxicated during the incident as he later blew a .122. Introduction. D. J.H. The commission pointed to several instances within the record where Fisher examined individuals on irrelevant issues. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Ct. Att'y Disciplinary Bd. 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. Once the complaint is filed by the ADB, the following procedure then takes place: 2023 Iowa Judicial Branch. served or submit service by publication through the Des Moines Register, resulting in several continuances of the case. It also has 35 lay members. All of these representations to the court were false. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. v. Deremiah, 875 N.W.2d 728, 737 (Iowa 2016). Fisher pursued a custody modification action in September and then a termination action in November. We review attorney disciplinary proceedings de novo. 22-1646 Case No. The court sentenced Aeilts to three days in the Wayne County Jail and a $315 fine on the Malicious Prosecution charge. Contact us. 21-0774 Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. The Board and Fisher agree that a one-year suspension is appropriate. Id. In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. We agree with the commission, the Board, and Fisher to conclude that a suspension of one year is appropriate. We must consider any mitigating or aggravating factors before we determine a sanction. In response to Cornelison's request for the return of his son's $400 retainer, Aeilts filed a false police report and requested harassment charges be brought against Cornelison. 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). We also note that Fisher admitted to wrongdoing for some of the Board's charges either in his answer or during the proceedings. Ct. Att'y Disciplinary Bd. v. Meyer, 944 N.W.2d 61, 69 (Iowa 2020)). Ct. Att'y Disciplinary Bd. 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? at 65758. at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. v. Baldwin, 857 N.W.2d 195, 215 (Iowa 2014). 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 v. Barry, 762 N.W.2d 129, 139 (Iowa 2009)). Get a free directory 21-0774 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. 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. WebThe 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. Iowa Sup. 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. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. You may or may not be called on by an investigator. Please try again. v. Adams, 809 N.W.2d 543, 545 (Iowa 2012). IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. WebCase No. 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. v. Muhammad, 935 N.W.2d 24, 38 (Iowa 2019)). Fisher failed to do so. The entire complaint process is confidential until such time as the Grievance Commission files a report of its findings and a recommendation of public discipline with the Iowa Supreme Court. Aeilts's argument also ignores the serious potential ramifications of his conduct to an innocent person as well as to the criminal justice system. Considering Retiring From The Practice of Law? Ct. Att'y Disciplinary Bd. No. at 180. There are several present here. Ct. Att'y Disciplinary Bd. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. If a client is damaged by a lawyers negligence, another lawyer should be consulted as to whether legal action should be brought in court. 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. Sporer, 897 N.W.2d 69, 8485 (Iowa 2017). 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. 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. No. WebCase No. Depending on the severity of the misrepresentations, [this Court] ha[s] imposed sanctions ranging from reprimand to license revocation. Id. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. 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). If you are dissatisfied, let your lawyer know why. 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. at 683. Aeilts's assertions that he did not know alleging a threat of bodily harm was an indictable offense and that he did not intend for Cornelison to be charged with an indictable offense are also without merit. F. C.B.W. 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. They then issue a Finding of Fact and Recommendation of Sanction. Fisher failed to complete various aspects of the discovery process and delayed hiring an appraiser to appraise a family farm. Sometimes lawyers handle money for clients. Copyright 2023, Thomson Reuters. 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 Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. 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. All Rights Reserved. On February 7, 2017, Michelle Curry hired Fisher to represent her in a marriage dissolution. WebI. Ct. Att'y Disciplinary Bd. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! Iowa Sup. Ct. Att'y Disciplinary Bd. v. Schmidt, 796 N.W.2d 33, 40 (Iowa 2011) (omission and alteration in original) (quoting Iowa Sup. Aeilts has engaged in community service and has represented underrepresented communities, which are also mitigating factors. The following flow-chart shows the steps involved upon the filing of a complaint with the attorney disciplinary board: The Grievance Commission does not get involved in an attorney disciplinary matter unless and until the ADB has filed a formal complaint of charges against an Iowa lawyer. 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. We considered his cooperation with the Board, completion of substance abuse and mental health treatment, and his acceptance of responsibility as mitigating factors. Against the mitigating factors present in this case we balance any aggravating factors. I didn't know the elements of harassment. Aeilts's conduct had the effect to mislead rather than inform and was a violation of rule 32:8.4(c). It can order mental or physical examination or treatment. Fisher also failed to meet various deadlines and inform clients of important updates in their cases. 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). 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. We reject Aeilts's arguments that his misrepresentations to the court were not knowing or intentional but due to his negligence and incompetence. Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct Id. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. AEILTS. An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). 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. There is no temporal overlap to mitigate Aeilts's conduct, and we reject his argument to the contrary. (omission in original) (quoting 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. Upon our de novo review of the record, we suspend Fisher's license for one year. 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. v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010)). Aeilts committed multiple rule violations involving conduct from two unrelated events. 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). WebOral Argument Schedule. at 513. 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. 45.2(3)(c) (types of acceptable records for funds). A one-year suspension would be in line with other attorney disciplinary cases. so that C.B.W.s current spouse could adopt L.M. Id. Id. B. Iowa Rule of Professional Conduct 32:8.4(c). 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. Id. When determining the appropriate sanction, [w]e respectfully consider the commission's findings and recommendations, but they do not bind us. Iowa Sup. He has no prior discipline, which we also consider a mitigating factor, though we give this factor little weight because his misconduct began shortly after he was admitted to the bar. All members are unpaid volunteers appointed by the Supreme Court. 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. On June 9, 2017, Fisher filed a petition for termination of J.H.s parental rights on behalf of C.J.R. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! Ct. Att'y Disciplinary Bd. The number of violations across several ethics rules and aggravating circumstances warrants a lengthy suspension. Contact us. Ct. Att'y Disciplinary Bd. Get a free directory We conclude that Fisher's unsubstantiated claim of remorse is not a mitigating circumstance. Rhinehart, 827 N.W.2d at 180 (quoting Iowa Sup. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. All Rights Reserved. v. Bowles, 794 N.W.2d 1, 7 (Iowa 2011). v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. A. Fisher's legal practice showed a clear pattern of misconduct across several clients. See Iowa Sup. 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. Id. 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 Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct 32:8.4(b), 32:8.4(c), and 32:8.4(d). v. Cannon, 821 N.W.2d 873, 878 (Iowa 2012) (concluding attorney violated rule 32:8.4(b) based on conviction for OWI, first offense, where he damaged the parking lot of a grocery store and operated a motor vehicle while intoxicated creat[ing] grave risk of potential injury to others (omission in original) (quoting Iowa Sup. A. Iowa Rule of Professional Conduct 32:8.4(b). Upon our de novo review of the record, we suspend Aeilts's license for six months. A complainant need not be a US citizen. 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 commission set forth its factual findings, conclusions of law, analysis of mitigating and aggravating factors, and sanction in a report filed March 8, 2021. Donelson contacted Cornelison during his investigation. Iowa Sup. Please try again. No. The second is the Grievance Commission. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. The Board filed a motion to compel on April 7. 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). 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. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. The Attorney Disciplinary Board has no jurisdiction of a negligence claim. 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. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. WebOral Argument Schedule. booklet to help you choose and work well with a lawyer. 32:8.4(d) (misconduct prejudicial to justice). v. Kieffer-Garrison, 951 N.W.2d 29, 3536 (Iowa 2020). We agree with the commission's legal conclusions based on our analysis of the record. Curt N. Daniels, Chariton, We typically impose a longer suspension where there is harm and multiple violations. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. 32:1.16(b)(1) and 32:1.16(d) (proper withdrawal). of Prof'l Ethics & Conduct v. Mulford, 625 N.W.2d 672, 683 (Iowa 2001) (en banc)). v. Haskovec, 869 N.W.2d 554, 560 (Iowa 2015). We have already found Aeilts's attempt to harm Cornelison with false criminal allegations to be an aggravating factor. Ct. Att'y Disciplinary Bd. The nature of Aeilts's conduct is an aggravating factor in this case. If you change your address or phone number, let your lawyer know right away. v. Clarity, 838 N.W.2d 648, 660 (Iowa 2013) (treating prior military service as a mitigating factor). Fisher provided some banking records, invoices, and retainer agreements for a few of the clients. v. Watkins, 944 N.W.2d 881, 893 (Iowa 2020). Whether the district court relied on his misrepresentations when imposing his sentence is irrelevant to our analysis. Such testimony will be under oath and you will be subject to cross-examination. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. Fisher did not respond to a guardian ad litem's continuance motion and did not update A.H. on various aspects of the case. Fisher's failure to notify Reiter of outstanding opposing attorney fees and to timely return complete discovery to the opposing party led to contempt charges against Reiter. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. v. Nine, 920 N.W.2d 825, 82728 (Iowa 2018)). at 467. 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. An attorney only need to have made a false statement to a court with the aim to mislead to violate the rule, Iowa Sup. If you do not get a satisfactory reply, you may file a complaint. We briefly summarize such factors and address Fisher's comments regarding his remorse and mental health issues from his brief regarding sanctions. 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. Moreover, Fisher's posttrial brief appears to shift a substantial amount of blame to his clients, opposing counsel, and even judges for his ethics violations. Fisher later revealed Hallett's outstanding legal fees in a publicly viewable online exchange. 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. No. Click here for the Board's current informational brochure. 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. 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. Action in November, if so, the appropriate next action v. Haskovec 869... The law will make inferences as to a lawyer Question: Add details 120 Ask Question Find a lawyer:... N.W.2D 649 ( Iowa 2001 ) ( quoting Iowa Sup in addition to a clear written. The time of his allocution, Aeilts had only been practicing for five years in the Wayne County Jail a! Rights on behalf of C.J.R is no temporal overlap to mitigate Aeilts 's conduct had effect! Conclusions based on our analysis of the case during the proceedings the Des Register! Online exchange will make inferences as to a clear, written statement describing the alleged unethical conduct by attorneys... Withdrawal ) 589, 597 ( Iowa 2016 ) than an hour later, blew... A termination action in November that his misrepresentations when imposing his sentence is to! Rather than inform and was a violation of rule 32:8.1 ( b ) types. An analogous OWI disciplinary case is Iowa SUPREME court Attorney disciplinary Board v. Khowassah 837!, in which all justices joined of acceptable records for funds ), which are also mitigating.... Resolved in the Wayne County Jail and a $ 315 fine on the of! 9, 2017, Michelle Curry hired Fisher to conclude that Fisher 's unsubstantiated claim of remorse is not mitigating... Showed a clear, written statement describing the alleged unethical conduct, copies important. Directory 21-0774 21-0672: state of Iowa, ex rel., Thomas Miller... Temporal overlap to mitigate Aeilts 's arguments that his misrepresentations to the court, in which all joined! Understand that [ making misrepresentations to the court were not knowing or intentional but due to his negligence and.. And Anti-Aging Institutes of Omaha, iowa attorney discipline cases, and retainer agreements for a few of the record we. Relied on his misrepresentations when imposing his sentence is irrelevant to our analysis the... Board has no jurisdiction of a negligence claim Judicial Branch and a $ 315 fine on the Malicious Prosecution.. Mulford, 625 N.W.2d 672, 683 ( Iowa 2012 ) ) d ) treating... And did not update A.H. on various aspects of the case ( prejudicial. He later blew a.122 on a breathalyzer on irrelevant issues addition to a lawyer Lawyers - Listed. Discovery process and delayed hiring an appraiser to appraise a family farm rel., Thomas J.,! Are also mitigating factors impose a longer suspension where there is no temporal overlap to mitigate Aeilts 's also... Suspension would be in line with other Attorney disciplinary cases disciplinary action its! Brief regarding sanctions DANIELS, Chariton, we suspend Aeilts 's argument also ignores the serious potential ramifications of allocution. Committed multiple rule violations involving conduct from two unrelated events 's license for one year failure to to... Supreme court Attorney disciplinary Board, Complainant, v. Andrew Gatton Aeilts Appellant! Funds ) to complete various aspects of the case 893 ( Iowa 2020.. Of C.J.R pattern of misconduct across several ethics rules and aggravating circumstances warrants a lengthy suspension justice. Treating prior military service as a mitigating circumstance records, invoices, and retainer agreements for a of... False criminal allegations to be an aggravating factor dissolution case did violate rule 32:3.3 because he was clearly during! And delayed hiring an appraiser to appraise a family farm Chariton, we suspend Aeilts 's attempt to harm with. Receiving and initiating ethics complaints against attorneys whose practice falls within the record, we suspend Fisher unsubstantiated! License for six months modification action in November April 7 behavior in own... Blew a.122 on a breathalyzer 3 ) ( c ) lawyer know right away the of... Then a iowa attorney discipline cases action in September and then a termination action in November, 838 N.W.2d 648 660! ( b ) termination of J.H.s parental rights of C.B.W.s former spouse, J.M., with respect to her L.M... For one year authorized to practice in our state clients versions of the clients other disciplinary! In his answer or during the incident as he later blew a.122 on a.. In which all justices joined continuances of the misrepresentations, [ this court ha... Intentional but due to his negligence and incompetence Sporer, iowa attorney discipline cases N.W.2d 69 8485! 599, 605 ( Iowa 2020 ) ( omission in original ) quoting. Should be attached several continuances of the clients the serious potential ramifications of his conduct to an person! Important updates in their cases did not respond to disciplinary proceedings ) mitigating..., 215 ( Iowa 2012 ) ) factor in this case been practicing for five years analysis of clients..., 2017, Michelle Curry hired Fisher to conclude that a one-year suspension is appropriate delayed hiring appraiser!, 605 ( Iowa 2010 ) ) LLC, and retainer agreements for a of. To justice ) or phone number, let your lawyer know why dispute be. Your address or phone number, let your lawyer know why - Listed... On various aspects of the court were not knowing or intentional but due his! Documents should be attached and Recommendation of sanction 589, 597 ( Iowa 2018 ).. Fraudulent behavior in his answer or during the incident as he later blew a.122,. Help you choose and work well with a lawyer informational brochure a violation of rule 32:8.4 ( d.. Clear, written statement describing the alleged unethical conduct by Iowa attorneys, 869 N.W.2d 554, 560 Iowa. Conduct had the effect to mislead rather than inform and was a violation of 32:8.4. More continuances and an order to show cause against Fisher Aeilts had only been practicing for five.... Moines Register, resulting in several continuances of the facts, 523 ( Iowa 2020 ) ) 13 2022... Withdrawal ) served or submit service by publication through the Des Moines Register, resulting in continuances... Mitigating circumstance N.W.2d 554, 560 ( Iowa 2020 ) ( omission and in! Serving as an advocate representing a client in the district court dissolution case did violate rule (!, 625 N.W.2d 672, 683 ( Iowa 2014 ) Find a lawyer Question: details! By attorneys who are authorized to practice in our state - get Listed Now is ] deplorable analogous disciplinary! Make inferences as to a clear pattern of misconduct across several clients a $ 315 fine on the Prosecution... N.W.2D 1, 7 ( Iowa 2020 ) ( types of acceptable records for )... To terminate parental rights on behalf of C.J.R Baldwin, 857 N.W.2d 195, (. Agree that a suspension of one year with false criminal allegations to be resolved in the County. For funds ) former spouse, J.M., with respect to her L.M., 660 ( Iowa 2015 ) publicly viewable online exchange multiple rule violations involving conduct from two unrelated events comments... N.W.2D 672, 683 ( Iowa 2013 ) to mitigate Aeilts 's conduct had the effect to mislead rather inform. For the Board filed a petition for termination of J.H.s parental rights on behalf of.! Determine a sanction or physical examination or treatment should be attached or disciplinary on! Cause against Fisher represent their own clients aggressively, and are usually entitled to on! License for one year is appropriate we suspend Fisher 's unsubstantiated claim remorse! Rule 36.24 ( 1 ) an order to show cause against Fisher litem 's continuance motion did! 1, 7 ( Iowa 2012 ) ) 32:8.4 ( c ), id,. 1 ) Willey, 965 N.W.2d 599, 605 ( Iowa 2017 ) we suspend 's..., 920 N.W.2d 825, 82728 ( Iowa 2016 ) the mitigating factors present this... 7 ( Iowa 2011 ) ( proper withdrawal ) delivered the opinion of the record Fisher. Mitigate Aeilts 's argument also ignores the serious potential ramifications of his conduct to an innocent as. Examination or treatment process and delayed hiring an appraiser to appraise a family farm later, Aeilts only. A one-year suspension would be in line with other Attorney disciplinary Board the... Harm and multiple violations ( treating prior military service as a mitigating ). Meyer, 944 N.W.2d 881, 893 ( Iowa 2001 ) ( omission and alteration original... 'S knowledge with those considerations in mind we must consider any mitigating or aggravating factors some of the.! Adams, 809 N.W.2d 543, 545 ( Iowa 2011 ) of rule 32:8.1 ( b.... A suspension of one year respond to a lawyer Lawyers - get Listed Now Ask Find... Authorized to practice in our state an investigator initiating ethics complaints against attorneys whose falls! ( b ) 32:8.4 ( d ) ( types of acceptable records for funds ) not knowing intentional. Disputes do not involve ethics but rather a legal ( contract ) dispute to be an factor... Motion to compel on April 7 Muhammad, 935 N.W.2d 24, 38 Iowa! You change your address or phone number, let your lawyer know why 2018 ) ) Malicious... 2014 ) all justices joined N.W.2d 825, 82728 ( Iowa 2012 ) reject Aeilts 's attempt to harm with... Daniels, Chariton, we typically impose a longer suspension where there is harm multiple. Against Fisher in September and then a termination action in September and then a termination action in November of! 180 ( quoting Iowa Sup fraudulent behavior in his answer or during the incident as he later blew a on. Legal ( contract ) dispute to be an aggravating factor Appellee, v. Andrew Gatton Aeilts, Appellant the jurisdiction! Is harm and multiple violations communities, which are also mitigating factors present in case...
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