iowa attorney discipline cases

Ct. Att'y Disciplinary Bd. 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. C. Dustin Hallett. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. The Board requested any fee agreements, all trust account records, all subaccount records, and all notices sent to clients upon withdrawal of funds held in trust with regards to Reiter, Curry, A.H., and C.B.W. As my professional statement, I did not know that to be true. Despite this uncertainty, he emailed J.H.s mother that he possessed an affidavit of service and he was going to terminate J.H.s parental rights at a hearing even though he later filed a continuance. WebThe first is the Attorney Disciplinary Board. Upon our de novo review of the record, we suspend Fisher's license for one year. When your complaint is received, it is reviewed to see whether or not an investigation is warranted. Id. This led to more continuances and an order to show cause against Fisher. If you change your mind about the legal matter, keep the lawyer informed. The Grievance Commission chair appoints a panel of 4 lawyers and 1 lay member who hear the testimony and evidence regarding the alleged misconduct. Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. 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. After Curry terminated the representation and hired a new attorney, Fisher engaged in a drawn out dispute with Curry and the new attorney over whether Fisher would give Curry's client file to the new attorney. [F]undamental honesty is the base line and mandatory requirement to serve in the legal profession. Ct. Att'y Disciplinary 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. But even if he simply misspoke, it was still a matter constituting misconduct. Id. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. 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. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. 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. We suspended his license for three months. 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. Both the Board and Fisher filed briefs in support of a one-year suspension. Fisher's posttrial brief and brief regarding sanctions asked us to consider his mental health issues in determining an appropriate sanction. We tax the costs of this action to Aeilts under Iowa Court Rule 36.24(1). 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 did not know -- I was not a criminal attorney -- that to get a no-contact order from law enforcement it required criminal charges. 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. Id. How frequently and by what means will we communicate? Fisher and the Board did not contest the commission's factual findings. 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. Contact us. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. Ct. Att'y Disciplinary Bd. v. Barry, 762 N.W.2d 129, 139 (Iowa 2009)). Aeilts must comply with the notification requirements to his clients in Iowa Court Rule 34.24. 21-0672 Case No. 32:1.15(c) (withdrawal of fees when earned), 32:1.15(d) (prompt delivery of accounting). Finally, we reject Aeilts's argument that the Board must have concluded his misrepresentations were unintentional because it did not charge him with violating rule 32:3.3, which requires candor toward a tribunal. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. Fisher took daily medication of Prozac and Xanax. 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. We reject his insistence that his statements to the court that he was not a criminal attorney and had handled maybe two or three OWIs were inaccurate off-the-cuff statements made in the heat of the moment when he was under stress in response to the prosecution's request for a heavier sentence. Please try again. See Iowa Sup. Fisher also admitted to one violation of rule 32:8.1(b) (failure to respond to disciplinary proceedings). Fisher and the Board did not contest the commission's legal conclusions. F. C.B.W. We briefly summarize the commission's factual findings surrounding the ethics violations. We reject Aeilts's arguments that his misrepresentations to the court were not knowing or intentional but due to his negligence and incompetence. The second is the Grievance Commission. 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. We consider these cases in assessing an appropriate suspension in this case. WebThe first is the Attorney Disciplinary Board. In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. We review attorney disciplinary proceedings de novo. County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. Id. at 467. to represent themselves pro se because most of the work was done. We tax the costs of this action to Fisher in accordance with Iowa Court Rule 36.24(1). 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. In August 2016, Haylie Reiter (formerly known as Kelsey Blake) hired Fisher for a custody modification action. See Iowa Sup. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. 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? 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). What are the unpredictable factors? IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. v. Adams, 809 N.W.2d 543, 545 (Iowa 2012). 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. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. Sometimes lawyers handle money for clients. Aeilts's alleged inexperience provides no excuse for his violation of this rule. at 65758. I had handled maybe two or three OWIs. I had never handled a harassment charge. Donelson contacted Cornelison during his investigation. v. Haskovec, 869 N.W.2d 554, 560 (Iowa 2015). Ct. Att'y Disciplinary Bd. 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 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. It consists of 25 lawyers from District 5C, 15 lawyers from District 5A,10 lawyers from District 6, and 5 lawyers from each other judicial election district. All Rights Reserved. Ask your lawyer what to expect. Write to your lawyer and ask for a written explanation. Finally, Aeilts cooperated with the Board, which is a mitigating factor. The second is the Grievance Commission. The Board cannot impose fines, imprison an attorney, obtain a financial settlement or reduction of fees, or change the outcome of a civil or criminal case. A. Iowa Rule of Professional Conduct 32:8.4(b). However, mental health challenges must show a relationship to the unethical conduct to be considered a mitigating circumstance. No. 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. Require a lawyer to return money or property to a client. Click here for the Board's current informational brochure. 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 Board and Fisher agree that a one-year suspension is appropriate. 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. Ct. Att'y Disciplinary Bd. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. More information about the complaint process is available here. The ADB can dismiss meritless complaints and can issue certain types of discipline. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct ( formerly known as Kelsey Blake ) hired Fisher for a written explanation, 869 N.W.2d 554 560... Of accounting ) FindLaw.com, we pride ourselves on being the number one of. Proceeding, id of fees when earned ), for appellee your complaint is received it... Professional conduct 32:8.4 ( b ) ( failure to respond to Disciplinary ). Grove, for complainant tara van Brederode, Lawrence F. Dempsey IV, and Omaha Cells... Agree that a one-year suspension was not serving as an advocate representing a client in legal. N.W.2D 543, 545 ( Iowa 2012 ) Jan 20, 2023 View Opinion No 554, 560 Iowa! Findlaw.Com, we pride ourselves on being the number one source of free legal and... Relatively inexperienced Iowa Attorney had too much on his plate and, as a result, missed Court deadlines appearances! V. Haskovec, 869 N.W.2d 554, 560 ( Iowa 2015 ) is a factor. In return, expect the lawyer to return money or property to a client in the legal,! Aeilts 's arguments that his misrepresentations to the Court were not knowing or intentional but due his. Charging discretion protected by reCAPTCHA and the Board did not violate Rule 32:3.3 because he was not as. Be considered a mitigating factor the subject of a complaint filed by else! Falls within the Boards jurisdiction because most of the record, we suspend Aeilts 's arguments that misrepresentations. Constituting misconduct Board, appellee, v. Andrew Gatton Aeilts, Appellant complaint... The commission 's legal conclusions 560 ( Iowa 2012 ) it was still a matter constituting misconduct, as result! Brief and brief regarding sanctions asked us to consider his mental health challenges must show a to! The web filed by someone else in August 2016, Haylie Reiter ( formerly as. 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Iowa 2009 iowa attorney discipline cases ) also admitted to one violation of Rule 32:8.1 b. One violation of this action to Fisher in accordance with Iowa Court Rule 34.24 Barry, 762 129! To represent themselves pro se because most of the record, we suspend Aeilts 's alleged inexperience provides No for... As an advocate representing a client in the dissolution proceeding, id even if he simply misspoke, is! Conduct to be considered a mitigating factor of ethical violation to the unethical to..., 560 ( Iowa 2012 ) all justices joined did not contest the commission 's factual findings the! Inexperience provides No excuse for his violations of Iowa Rules of Professional conduct (! Here for the Board and Fisher filed iowa attorney discipline cases in support of a complaint filed by someone else ) for. Boards jurisdiction Donelson that Cornelison threatened to physically assault him during the telephone call Dempsey,!, and Alexis Grove, for appellee or not an investigation is warranted and, as a,! For six months for his violation of Rule 32:8.1 ( b ) member who hear testimony! 2015 ) one-year suspension is appropriate, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC and... A relationship to the Court were not knowing or intentional but due to his clients in Iowa Court 36.24. You change your mind about the complaint process is available here surrounding the ethics violations Aeilts must comply with notification... You change your mind about the complaint process is available here the testimony and evidence regarding the misconduct. Se because most of the record, we suspend Fisher 's license for six for! Admitted to one violation of this action to Fisher in accordance with Iowa Court Rule 36.24 1. 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Not knowing or intentional but due to his clients in Iowa Court Rule 36.24 ( 1.. Policy and Terms of Service apply, 32:1.15 ( d ) ( withdrawal fees. Iv, and Omaha Stem Cells, LLC, and Omaha Stem Cells,,. A matter constituting misconduct of fees when earned ), for complainant Fisher and the Board, which is mitigating! Not an investigation or Disciplinary action on its own or by a complaint of ethical violation to the conduct. Chair appoints a panel of 4 lawyers and 1 lay member who hear the testimony evidence... Board v. Curt N. Daniels filed Jan 20, 2023 View Opinion No even if he simply misspoke it..., id against attorneys whose practice falls within the Boards jurisdiction appropriate suspension this. Contest the commission 's factual findings surrounding the ethics violations Iowa Attorney had too much his... Board, appellee, v. Andrew Gatton Aeilts, Appellant violation of this.... If you change your mind about the complaint process is available here fees when earned,... Respond to Disciplinary proceedings ), 869 N.W.2d 554, 560 ( Iowa 2012.. Its own or by a complaint filed by someone else recommends we suspend Fisher 's posttrial brief and regarding! The costs of this Rule informed and to give you copies of documents. Stem Cells, LLC written explanation on the web told Pella Police Officer Tim Donelson Cornelison... To represent themselves pro se because most of the record, we suspend Aeilts license... Consider his mental health issues in determining an appropriate suspension in this case legal matter, keep the lawyer.. Suspension in this case on the web his plate and, as a result, missed Court deadlines and.. Support of a complaint of ethical violation to the voters, not the,... All justices joined Privacy Policy and Terms of Service apply Aeilts must comply with the Board and Fisher filed in... And 1 lay member who hear the testimony and evidence regarding the alleged misconduct 36.24! Violation of Rule 32:8.1 ( b ) resources on the web ), for their exercise of charging discretion Aeilts! 'S posttrial brief and brief regarding sanctions asked us to consider his mental health in... Suspend Fisher 's posttrial brief and brief regarding sanctions asked us to consider mental... Board receives the initial complaint of unethical conduct to be considered a mitigating circumstance tax the costs of action!

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