F. C.B.W. 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. Ct. Bd. Aeilts's argument also ignores the serious potential ramifications of his conduct to an innocent person as well as to the criminal justice system. WebI. 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? 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. B. Michelle Curry. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. 824 N.W.2d at 51011. 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). We tax the costs of this action to Fisher in accordance with Iowa Court Rule 36.24(1). Although he said he had never even handled a simple assault, he had actually represented clients for assault in two separate criminal cases. 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. If there is any significant delay in receiving money from a lawyer or in getting a complete accounting, a complaint can be filed. Depending on the severity of the misrepresentations, [this Court] ha[s] imposed sanctions ranging from reprimand to license revocation. Id. by April 5, 2020. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. at 65456. He or she is also better educated than most people, more sophisticated and more sharply sensitized to the legal implications of a situation. Finally, we reject Aeilts's assertion that his lack of experience is a mitigating factor. Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. No. Further, the messages were not unlike requests for leniency and a quick disposition an attorney might ask for any other client. We must consider any mitigating or aggravating factors before we determine a sanction. 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. In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. You should contact your local bar association to determine if it has a committee to which your fee dispute may be submitted. Aeilts requested that harassment charges be brought against Cornelison and sought a no-contact order. If the Board decides to impose a private admonition or recommend public reprimand, you will be so notified following a slight delay during which the lawyer is advised of the Boards decision. Learn more about FindLaws newsletters, including our terms of use and privacy policy. An attorney's casual, reckless disregard for the truth also establishes sufficient scienter to support a violation of the rule. Iowa Sup. 21-0774 No. at 338 (quoting Iowa Sup. 1. See Iowa Sup. Aeilts argues lack of harm to clients is a significant mitigating factor for his actions. Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. Cases involving false statements have a wide range of sanctions. Aeilts had represented clients in at least twenty-two criminal cases beginning in 2015, rather than just two or three OWIs as he stated. The commission's report recommended that we suspend Fisher's license to practice law for one year. Rhinehart, 827 N.W.2d at 180 (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. However, criminal or fraudulent conduct may be subject to discipline. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 21-0672 Case No. Ct. Att'y Disciplinary Bd. All Rights Reserved. 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. [M]isrepresentation is a serious breach of professional ethics. 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. If you change your mind about the legal matter, keep the lawyer informed. 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. 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. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Scott D. FISHER, Respondent. All of these representations to the court were false. In October 2016, Fisher was diagnosed with generalized anxiety disorder and panic disorder. 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. See Iowa Sup. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. 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. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. A hearing before the commission occurred November 2 through November 5, 2020, and reconvened on November 30. 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. 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 Grievance Commission chair appoints a panel of 4 lawyers and 1 lay member who hear the testimony and evidence regarding the alleged misconduct. 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). Ct. Att'y Disciplinary Bd. The court system and the public we serve are damaged when our officers play fast and loose with the truth. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. Against the mitigating factors present in this case we balance any aggravating factors. 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). In total, the second substituted and amended complaint alleged approximately fifty individual violations across twenty separate ethics rules during the representation of six different clients. A lawyer may violate rule 32:8.4(c) when he fails to disclose a material fact. so that C.B.W.s current spouse could adopt L.M. See Iowa Sup. Introduction. 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. It accepts complaints only from the ADB ethics counsel and does not accept complaints directly from the public, reimburse victims of theft or conversion by Iowa attorneys or handle complaints of non-lawyers practicing law. If you change your address or phone number, let your lawyer know right away. v. Gottschalk, 729 N.W.2d 812, 821 (Iowa 2007)). Lastly, we have the discretion to impose a greater or lesser sanction than what the commission has recommended upon proof of an ethical violation. Kieffer-Garrison, 951 N.W.2d at 36 (quoting Noel, 923 N.W.2d at 582). We give each of these cases their due weight. 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. 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. When your complaint is received, it is reviewed to see whether or not an investigation is warranted. The Grievance Commission is made up of members that are geographically and gender-balanced. If a client is damaged by a lawyers negligence, another lawyer should be consulted as to whether legal action should be brought in court. Fisher later revealed Hallett's outstanding legal fees in a publicly viewable online exchange. Considering Retiring From The Practice of Law? Aeilts appealed. Ct. Att'y Disciplinary Bd. WebOral Argument Schedule. Stay up-to-date with how the law affects your life. Aeilts's conduct easily meets this standard. The first is the Attorney Disciplinary Board. 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. Require a lawyer to return money or property to a client. We also found Postma committed other violations of our professional rules because he failed to obey a court order, failed to file several years of tax returns, neglected two estates, and failed to respond to the Board. Aeilts's conduct with regard to the Malicious Prosecution conviction violated rule 32:8.4(d). WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. 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 Complaints about lawyers not paying bills are resolved in the courts of Iowa. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. The second is the Grievance Commission. [F]or purposes of attorney discipline, offenses against common honesty should be clear even to the youngest lawyers Iowa Sup. Instead, a prosecutor from another county handled Aeilts's case. Upon our de novo review of the record, we suspend Aeilts's license for six months. Id. Get a free directory We review attorney disciplinary proceedings de novo. This standard is more demanding than proof by a preponderance of the evidence but less demanding than proof beyond a reasonable doubt. Id. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. Ten were misdemeanor OWIs; two were felonies. Ct. Att'y Disciplinary Bd. We conclude Fisher's mental health issues are not a mitigating circumstance. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. Write to your lawyer and ask for a written explanation. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. In fact, Robinson did not work on the case at all. 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. 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. v. Baldwin, 857 N.W.2d 195, 215 (Iowa 2014). The ADB investigates the complaint and meets quarterly to make determinations. On April 27, 2021, the Board filed an ethics complaint against Aeilts alleging that Aeilts violated the following Rules of Professional Conduct: rule 32:8.4(b), based on Aeilts's criminal convictions for malicious prosecution and OWI; rule 32:8.4(c), based on Aeilts's misrepresentations to Officer Donelson concerning Cornelison's threats of physical violence and his separate misrepresentations about his professional experience during his sentencing allocution; and rule 32:8.4(d), based on Aeilts's misrepresentations that subjected Cornelison to criminal charges and his text messages to Robinson, the Assistant Marion County Attorney, related to his OWI charges. Ct. Att'y Disciplinary Bd. 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. This led to more continuances and an order to show cause against Fisher. An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). WebThe first is the Attorney Disciplinary Board. On February 7, 2017, Michelle Curry hired Fisher to represent her in a marriage dissolution. v. Haskovec, 869 N.W.2d 554, 560 (Iowa 2015). We stated, [I]t does not appear that Ramey was attempting to deceive the court. Had Cornelison not provided the recording of the conversation to the police, he could have faced criminal charges and potentially incarceration and wrongful conviction. However, because we review attorney disciplinary matters de novo, we address each alleged violation. 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. All Rights Reserved. It includes one's [moral] character and one's suitability to act as an officer of the court. Id. v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). In reality, Aeilts had represented clients in at least twenty-two criminal matters on charges that included OWI, trespass, assault, disorderly conduct, two different harassment charges, burglary, neglect of a dependent person, child endangerment, and drug possession. Nor does Committee on Professional Ethics & Conduct of The Iowa State Bar Association v. Ramey, 512 N.W.2d 569 (Iowa 1994) (en banc), help Aeilts's case. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. Ct. Att'y Disciplinary Bd. The second is the Grievance Commission. 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. 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