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. In August 2016, Haylie Reiter (formerly known as Kelsey Blake) hired Fisher for a custody modification action. Clients, such as A.H. and C.B.W., strongly indicated either in emails, texts, or online reviews how Fisher's neglect or abandonment negatively affected the relationship with their children and their own mental health. 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. While Aeilts's conduct is not as egregious as Postma's, which led to the revocation of his license, his false accusations that could have subjected Cornelison to criminal charges are more serious than Postma's filing of frivolous civil claims. The number of violations across several ethics rules and aggravating circumstances warrants a lengthy suspension. We respectfully consider the commission's factual findings and recommendations but we are not bound by them. We reject Aeilts's arguments that his misrepresentations to the court were not knowing or intentional but due to his negligence and incompetence. Iowa Sup. The fact that some clients were ultimately successful in their legal proceedings does not justify the stress that they endured during the attorneyclient relationship with Fisher. Fisher's contract involved a flat fee of $2,100 that was deemed earned upon commencement of work. He struggled to get J.M. 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. WebOral Argument Schedule. Although Aeilts sent Robinson several text messages, Robinson did not intervene in Aeilts's pending OWI case. 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. 2017) (per curiam) (noting inexperience will generally not be a mitigating factor in cases involving dishonesty)). Curt N. Daniels, Chariton, Fisher's posttrial brief and brief regarding sanctions asked us to consider his mental health issues in determining an appropriate sanction. Ct. Att'y Disciplinary Bd. Aeilts has engaged in community service and has represented underrepresented communities, which are also mitigating factors. If there is any significant delay in receiving money from a lawyer or in getting a complete accounting, a complaint can be filed. Aeilts's conduct easily meets this standard. No. The commission pointed to several instances within the record where Fisher examined individuals on irrelevant issues. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. Once the complaint is filed by the ADB, the following procedure then takes place: 2023 Iowa Judicial Branch. Although Cornelison was not his client, the incident arose from Aeilts's representation of a client. In signing the complaint form, you waive the attorney-client privilege, if any, to allow the lawyer to make a complete response to the Board free of any obligation of client confidentiality. A. 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. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. Make sure you have an agreement about your lawyers fees, in writing if possible. Ct. Att'y Disciplinary Bd. A one-year suspension would be in line with other attorney disciplinary cases. 21-0672 Case No. 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). WebThe first is the Attorney Disciplinary Board. 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 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. 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. The Iowa Supreme Court has granted immunity to anyone who files a complaint or gives testimony with regard to a complaint. 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. v. Beauvais, 948 N.W.2d 505, 515 (Iowa 2020) (quoting Iowa Sup. 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 65456. Iowa Sup. Fisher also removed $615 of unearned money from A.H.s funds almost immediately and had substantial overlap in billing between the custody modification and the termination actions. Ct. Att'y Disciplinary Bd. Instead, a prosecutor from another county handled Aeilts's case. 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). 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. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! It includes one's [moral] character and one's suitability to act as an officer of the court. Id. 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. F. C.B.W. v. McCarthy, 814 N.W.2d 596, 611 (Iowa 2012) (imposing a two-year suspension for neglect, trust account violations, withdrawal, and other violations). Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. Id. 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). At the time of the facts giving rise to this case, I was not a criminal defense attorney. How long will the matter take? Such a system often produces different versions of the facts in lawsuits and a certain amount of hard feelings. However, criminal or fraudulent conduct may be subject to discipline. B. Mitigating and Aggravating Factors. Ct. Att'y Disciplinary Bd. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! at 466. v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). They then issue a Finding of Fact and Recommendation of Sanction. Click here for the Board's current informational brochure. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. 21-0672 Case No. 22-1646 Case No. On Friday, the court opted to instead impose a three-year suspension. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. Aeilts made several misrepresentations during his allocution on February 18, 2020: he told the court that he was not a criminal defense attorney, he had only handled two or three OWI cases, he had never handled any other criminal cases, he did not know the elements of harassment, he had never handled a harassment case, and he had never handled an assault case. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. 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). Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. 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. We agree with the commission's legal conclusions based on our analysis of the record. How frequently and by what means will we communicate? ; see also Iowa Sup. 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. Donelson contacted Cornelison during his investigation. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. 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. v. Noel, 923 N.W.2d 575, 582 (Iowa 2019). The commission granted the motion for sanctions. v. Gottschalk, 729 N.W.2d 812, 821 (Iowa 2007)). v. Johnson, 884 N.W.2d 772, 777 (Iowa 2016)). On February 21, 2018, 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. Att'y Disciplinary Bd. In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. Ct. Att'y Disciplinary Bd. Hopeful we can work something out, and And hopeful we can do so quickly and quietly if possible.. If the Board decides to file a formal complaint with the Grievance Commission, those proceedings require additional time. Lastly, it can file complaints with the Grievance Commission. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. Considering Retiring From The Practice of Law? 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. No. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. The email address cannot be subscribed. 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. He maintains a private law practice with his wife in Pella, Iowa. Ct. Att'y Disciplinary Bd. 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. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. Aeilts's malicious attempt to send Cornelison to jail in an effort to prevent him from filing an ethics complaint against Aeilts displays his lack of honesty and reflects adversely on his fitness as a lawyer. We review attorney disciplinary proceedings de novo. 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. The following considerations factor into our determination of whether there was a rule 32:8.4(b) violation: the lawyer's mental state; the extent to which the act demonstrates disrespect for the law or law enforcement; the presence or absence of a victim; the extent of actual or potential injury to a victim; and the presence or absence of a pattern of criminal conduct. 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. 1. 45.7(4) (notification of fee withdrawal). The Boards jurisdiction extends to the attorneys license alone. Ct. Att'y Disciplinary Bd. In fact, it does the opposite. 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. Fee arbitration is an alternative method of resolving a fee dispute. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. Cases involving false statements have a wide range of sanctions. He was clearly intoxicated during the incident as he later blew a .122. If you are dissatisfied, let your lawyer know why. at 65758. v. Baldwin, 857 N.W.2d 195, 215 (Iowa 2014). 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. 32:3.4(d) (diligence with regard to discovery). You may or may not be called on by an investigator. Aeilts also argues his conduct occurred over a short three-week period, and therefore, the temporal overlap is a mitigating factor. 160, 27 L.Ed.2d 162 (1970). v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010)). 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. But even if he simply misspoke, it was still a matter constituting misconduct. Id. Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. The parties are also bound by stipulated facts in reference to their subject matter and in light of the surrounding circumstances and the whole record. Nine, 920 N.W.2d at 828 (quoting Iowa Sup. 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. Our decision in Iowa Supreme Court Attorney Disciplinary Board v. Rhinehart, 827 N.W.2d 169 (Iowa 2013), defeats Aeilts's position. v. Bowles, 794 N.W.2d 1, 7 (Iowa 2011). 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. Honesty is the hallmark of the legal profession. While an ethics complaint and subsequent proceeding can be extremely unsettling, attorneys must be mindful and maintain respect throughout the entire disciplinary process. Ct. Att'y Disciplinary Bd. The law will make inferences as to a lawyer's knowledge with those considerations in mind. v. Springer, 904 N.W.2d 589, 597 (Iowa 2017) (quoting Iowa Sup. [T]he law takes account of a lawyer's legal training and experience in assessing his or her state of mind. No. Aeilts's actions involved separate ethical violations that took away resources from law enforcement and the court, negatively reflected on the reputation of the bar as a whole, and could have negatively impacted Cornelison's liberty had Cornelison not had a recording of the phone call to exonerate himself. Only flagrant abuses will result in discipline and usually only after a court has ruled on the matter. 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. 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. 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! Aeilts appealed. [F]undamental honesty is the base line and mandatory requirement to serve in the legal profession. This suspension applies to all facets of the practice of law. Ct. Att'y Disciplinary Bd. If it determines the violation was of a more serious nature, it may recommend a public reprimand to the Supreme Court or the Board itself may become the complainant in a proceeding before the Grievance Commission. 32:1.15(c) (withdrawal of fees when earned), 32:1.15(d) (prompt delivery of accounting). v. Marzen, 949 N.W.2d 229, 239 (Iowa 2020) (quoting Iowa Sup. If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. The second is the Grievance Commission. The whole structure of ethical standards is derived from the paramount need for lawyers to be trustworthy. 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? An attorney only need to have made a false statement to a court with the aim to mislead to violate the rule, Iowa Sup. 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. WebI. The ADB can dismiss meritless complaints and can issue certain types of discipline. However, we give the commission deference to their factual findings, especially with regard to findings of demeanor and credibility of witnesses. All rights reserved. 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. Kieffer-Garrison, 951 N.W.2d 29, 3536 (Iowa 2020). Iowa Sup. 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. Schmidt, 796 N.W.2d 33, 40 (Iowa 2011) (omission and alteration in original) (quoting Iowa Sup. The commission recommended Aeilts's license to practice law be suspended for six months. Complaints about lawyers not paying bills are resolved in the courts of Iowa. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. booklet to help you choose and work well with a lawyer. Id. Give documents and information to your lawyer promptly. However, mental health challenges must show a relationship to the unethical conduct to be considered a mitigating circumstance. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. The record does not indicate Fisher's conditions directly caused the violations in the complaint. In summary, we conclude Aeilts violated rules 32:8.4(b), 32:8.4(c), and 32:8.4(d). at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. at 78385. We considered several mitigating factors including: his lack of disciplinary history, community service, remorse, cooperation with the Board, and that it was an isolated incident. More information about the complaint process is available here. Fisher ultimately moved to withdraw on Friday, July 20, at 2:21 p.m. before a Monday, July 23 8:30 a.m. termination hearing after deciding to accept a new nonlegal job offer with a July 23 start date. We disagree. Ct. Att'y Disciplinary Bd. 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. Ct. Att'y Disciplinary Bd. 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). We stated, [I]t does not appear that Ramey was attempting to deceive the court. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of Ct. Att'y Disciplinary Bd. G. Trust Account Violations. 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. 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. 32:1.16(b)(1) and 32:1.16(d) (proper withdrawal). Fisher also failed to meet various deadlines and inform clients of important updates in their cases. An attorney's conduct is prejudicial to the administration of justice when it violates the well-understood norms and conventions of the practice of law such that it hampers the efficient and proper operation of the courts or of ancillary systems upon which the courts rely.. Upon our de novo review of the record, we suspend Aeilts's license for six months. 21-0672 Case No. 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. 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. Attorney & Client 103, at 24 (2015)). The commission's report recommended that we suspend Fisher's license to practice law for one year. N.W.2D 575, 582 ( Iowa 2020 ) ( notification of fee withdrawal ), and and we... 'S conditions directly caused the violations in the dissolution proceeding, id our novo. On their clients versions of the facts giving rise to this case, I was serving. January 20, 2023 View Opinion No against Cornelison state of mind messages, Robinson did not intervene in 's! Rule 32:8.4 ( c ) can dismiss meritless complaints and can issue certain types of discipline credibility witnesses... Conflicting interests, you may or may not be called on by an investigator well a! Be extremely unsettling, attorneys must be mindful and maintain respect throughout the disciplinary... That 'll be coming across your desk of Iowa undamental honesty is the base and! Clients of important documents informed and to give you copies of important documents v. Schmidt, 796 33. 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