See Iowa Sup. Specifically, Aeilts misrepresented facts to law enforcement and to the court during two separate incidents. The commission's report recommended that we suspend Fisher's license to practice law for one year. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. v. McCarthy, 814 N.W.2d 596, 611 (Iowa 2012) (imposing a two-year suspension for neglect, trust account violations, withdrawal, and other violations). Can you complain against the other persons lawyer? In Iowa Supreme Court Attorney Disciplinary Board v. Wheeler, we found Wheeler violated rules 32:8.4(b) and 32:8.4(c) after he was convicted for making a false statement to a financial institution on a mortgage application. v. Baldwin, 857 N.W.2d 195, 215 (Iowa 2014). at 467. 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). See Iowa Sup. 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). 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. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. The first is the Attorney Disciplinary Board. v. Watkins, 944 N.W.2d 881, 893 (Iowa 2020). Such testimony will be under oath and you will be subject to cross-examination. Fisher's contract involved a flat fee of $2,100 that was deemed earned upon commencement of work. He struggled to get J.M. served or submit service by publication through the Des Moines Register, resulting in several continuances of the case. In 1998, the Iowa Supreme Court Attorney Disciplinary Board admonished OBrien for advertising specific, primary practice areas of personal injury law, automobile accidents, work accidents, and slip-and-fall accidents without having filed a certificate of eligibility as to those areas of practice. The nature of Aeilts's conduct is an aggravating factor in this case. v. Meyer, 944 N.W.2d 61, 69 (Iowa 2020)). at 36. Aeilts's conduct easily meets this standard. 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. 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. 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. A lawyer owes a client undivided loyalty, unburdened by the interests of other clients or the lawyers own personal interest. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. at 68283. We need not decide whether Aeilts intentionally misled the court. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. The commission recommended Aeilts's license to practice law be suspended for six months. WebI. 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. Ct. Att'y Disciplinary Bd. 45.7(4) (notification of fee withdrawal). Regardless of whether anyone was actually harmed, Aeilts's conduct was an aggravating, not a mitigating, factor for Aeilts's actions in this case. 45.2(3)(a) (complete records of funds and other property). 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. The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. Our considerations include the nature of the violations, the need for deterrence, protection of the public, maintenance of the reputation of the bar as a whole, and the attorney's fitness to continue practicing law, as well as any aggravating or mitigating circumstances. Iowa Sup. Aeilts's conduct with regard to the Malicious Prosecution conviction violated rule 32:8.4(d). Ct. Att'y Disciplinary Bd. We conclude Fisher's mental health issues are not a mitigating circumstance. Most complaints are filed by clients, but this is not a requirement. We do not apply a standard sanction in particular types of attorney disciplinary cases. Ct. Att'y Disciplinary Bd. No. 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). Ten were misdemeanor OWIs; two were felonies. A one-year suspension would be in line with other attorney disciplinary cases. 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). Iowa Sup. Considering Retiring From The Practice of Law? He was clearly intoxicated during the incident as he later blew a .122. Marzen, 949 N.W.2d at 243. The number of violations across several ethics rules and aggravating circumstances warrants a lengthy suspension. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. At the time of the facts giving rise to this case, I was not a criminal defense attorney. 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. (quoting Iowa Sup. No. 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. 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. Ct. Att'y Disciplinary Bd. Fisher failed to do so. 32:1.16(b)(1) and 32:1.16(d) (proper withdrawal). The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. WebI. 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. 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. Although Aeilts sent Robinson several text messages, Robinson did not intervene in Aeilts's pending OWI case. 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. Less than an hour later, Aeilts blew a .122 on a breathalyzer. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. The Board may dismiss the complaint or impose a private admonition. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! v. Suarez-Quilty, 912 N.W.2d 150, 158 (Iowa 2018), a fact we think is clear from the record of Aeilts's allocution. We agree with the commission's legal conclusions based on our analysis of the record. Make sure you have an agreement about your lawyers fees, in writing if possible. Click here for the Board's current informational brochure. Fisher answered both complaints. 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. Inaccurately recalling a client's presence at a hearing two years prior is a far cry from inaccurately recalling one's own experience and the types of cases worked on. See Iowa Sup. v. Turner, 918 N.W.2d 130, 15354 (Iowa 2018). 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. 21-0774 Change the fee a lawyer charged or require a refund. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. at 78385. How frequently and by what means will we communicate? 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. 32:1.15(c) (withdrawal of fees when earned), 32:1.15(d) (prompt delivery of accounting). 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. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. 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. at 572. The sanction for an OWI and additional criminal conduct ranges from public reprimand up to a two-year license suspension. Resolve claims of ineffective assistance of counsel or violation of constitutional rights in a criminal proceeding. In 1998, the Iowa Supreme Court Attorney Disciplinary Board admonished OBrien for advertising specific, primary practice areas of personal injury law, automobile accidents, work accidents, and slip-and-fall accidents without having filed a certificate of eligibility as to those areas of practice. 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. 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. Depending on the severity of the misrepresentations, [this Court] ha[s] imposed sanctions ranging from reprimand to license revocation. Id. 45.2(3)(c) (types of acceptable records for funds). He stopped regularly meeting with a psychiatrist in March 2017 but still takes medication. He also changed his routine to manage his anxiety. Identifying mental health issues and seeking treatment is a significant first step. 21-0774 at 57172. 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. We review the alleged violations and evidence de novo to ensure that the Board has proven each allegation of misconduct by a convincing preponderance of the evidence. Id. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct 32:8.4(b), 32:8.4(c), and 32:8.4(d). 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. v. Bieber, 824 N.W.2d 514, 523 (Iowa 2012)). WebThe first is the Attorney Disciplinary Board. Iowa Sup. We agree with the commission that Aeilts's conduct during his allocution violated rule 32:8.4(c). 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. 2023 Iowa Judicial Branch. Even when, or more pointedly especially when, an attorney appears before a court as a criminal defendant, we expect him to display the utmost candor. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct 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. When determining whether a lawyer violated rule 43:8.4(c), we focus on whether the effect of the lawyer's conduct is to mislead rather than to inform. Haskovec, 869 N.W.2d at 560. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. Ct. Att'y Disciplinary Bd. v. Bowles, 794 N.W.2d 1, 7 (Iowa 2011). 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. at 176 (recognizing that rule 32:3.3 is found in the Advocate section of the rules). v. Marzen, 949 N.W.2d 229, 239 (Iowa 2020) (quoting Iowa Sup. 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. 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. Fisher's legal practice showed a clear pattern of misconduct across several clients. 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. If you change your address or phone number, let your lawyer know right away. 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. Casey, 761 N.W.2d 53, 5961 (Iowa 2009) (per curiam) (suspending lawyer for three months for misrepresenting the marital status of the decedent of an estate on court and tax documents); Iowa Sup. Id. Finally, he certainly should have known the elements of harassment after representing two clients against harassment chargesanother misrepresentation since he told the court that he had never handled a harassment charge. Aeilts's dishonest statements misled the court about his prior criminal work experience. 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. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. Fisher did not provide replacement counsel despite offering to do so and told C.B.W. v. Adams, 809 N.W.2d 543, 545 (Iowa 2012). Ct. Att'y Disciplinary Bd. The recorded conversation revealed that Cornelison made no such threat. A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer. Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. We conclude Aeilts violated rule 32:8.4(b). Iowa Sup. An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). Both the Board and Fisher filed briefs in support of a one-year suspension. 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. 1. 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! 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. We suspend Andrew Aeilts's license to practice law with no possibility for reinstatement for six months. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Aeilts also falsely subjected Cornelison to criminal charges for harassment based on his misrepresentations to Officer Donelsoncharges Cornelison was able to avoid only because he had an audio recording of the phone call. See Iowa Sup. Even if we credited Aeilts's argument that he forgot the details of his practice in the heat of the moment, which we don't, his sloppy or casual misrepresentations during his own sentencing allocution would still violate rule 32:8.4(c) under Ramey. We have imposed suspensions ranging from sixty days to eighteen months for engaging in conduct prejudicial to the administration of justice when compounded by additional violations. Iowa Sup. We disagree. Finally, we reject Aeilts's assertion that his lack of experience is a mitigating factor. 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. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. 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. The disciplinary and complaint process is funded by an assessment on all lawyers admitted to the practice of law in Iowa. Introduction. 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. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. 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. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Ct. Att'y Disciplinary Bd. Upon our de novo review of the record, we suspend Aeilts's license for six months. 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. No. Ct. Att'y Disciplinary Bd. Aeilts's alleged inexperience provides no excuse for his violation of this rule. Iowa Sup. I had handled maybe two or three OWIs. Fisher took daily medication of Prozac and Xanax. A. Haylie Reiter. This standard is more demanding than proof by a preponderance of the evidence but less demanding than proof beyond a reasonable doubt. Id. Fisher pursued a custody modification action in September and then a termination action in November. Based on Aeilts's violations and the aggravating and mitigating factors in this case, we agree with the Board and the commission that Aeilts's license should be suspended for six months. Ct. Att'y Disciplinary Bd. Id. Ct. Att'y Disciplinary Bd. v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012))). 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. Aeilts committed multiple rule violations involving conduct from two unrelated events. Instead, a prosecutor from another county handled Aeilts's case. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. As my professional statement, I did not know that to be true. Please try again. at 78788. 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 must comply with the notification requirements to his clients in Iowa Court Rule 34.24. Curt N. Daniels, Chariton, It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. 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