Finally, we reject Aeilts's assertion that his lack of experience is a mitigating factor. Get a free directory 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 R. Prof'l Conduct 32:3.3. Click here for the Board's current informational brochure. Lawyers are required to be reasonably prompt and to keep clients reasonably informed. Ct. Att'y Disciplinary Bd. I had never handled anything else. On Friday, the court opted to instead impose a three-year suspension. The court system and the public we serve are damaged when our officers play fast and loose with the truth. 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. Our last issue is to determine the appropriate sanction. Iowa Sup. Instead, we take into consideration the totality of facts and circumstances in each case. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 45.2(3)(a) (complete records of funds and other property). v. Adams, 809 N.W.2d 543, 545 (Iowa 2012). 32:1.9(c)(2) (revealing confidential information of a former client). Less than an hour later, Aeilts blew a .122 on a breathalyzer. They then issue a Finding of Fact and Recommendation of Sanction. I didn't know the elements of harassment. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Ct. Att'y Disciplinary Bd. Introduction. The email address cannot be subscribed. 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. 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. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. Fisher also failed to meet various deadlines and inform clients of important updates in their cases. No. v. Noel, 923 N.W.2d 575, 582 (Iowa 2019). WebCase No. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Ct. Att'y Disciplinary Bd. Should the Board decide to file your complaint with the Grievance Commission, your testimony normally will be required at a hearing before the Grievance Commission. Fisher did not provide replacement counsel despite offering to do so and told C.B.W. However, criminal or fraudulent conduct may be subject to discipline. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Give documents and information to your lawyer promptly. 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. All rights reserved. We do not apply a standard sanction in particular types of attorney disciplinary cases. 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 Ct. Att'y Disciplinary Bd. Click here for the Board's current informational brochure. 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. See Iowa Sup. Fisher took daily medication of Prozac and Xanax. 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. You may or may not be called on by an investigator. v. Beauvais, 948 N.W.2d 505, 515 (Iowa 2020) (quoting Iowa Sup. Ct. Att'y Disciplinary Bd. See Iowa Sup. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Upon our de novo review of the record, we agree with the commission's factual findings. Write to your lawyer and ask for a written explanation. 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. Willey, 965 N.W.2d 599, 605 (Iowa 2021). 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. Aeilts's alleged inexperience provides no excuse for his violation of this rule. Prior to being booked into the Marion County jail, Aeilts sent Assistant Marion County Attorney Mathias Robinson two text messages at 5:28 a.m. that read: Need help and 911. Aeilts knew Robinson socially and occasionally communicated with him by text message regarding cases. A. Haylie Reiter. v. Axt, 791 N.W.2d 98, 102 (Iowa 2010)). He or she is also better educated than most people, more sophisticated and more sharply sensitized to the legal implications of a situation. See Iowa Sup. v. Sporer, 897 N.W.2d 69, 8485 (Iowa 2017). Curt N. Daniels, Chariton, Sue a lawyer for careless work, or do work a lawyer failed to do. We briefly summarize the commission's factual findings surrounding the ethics violations. On Friday, the court opted to instead impose a three-year suspension. 22-1646 Case No. Fisher provided some banking records, invoices, and retainer agreements for a few of the clients. v. Schmidt, 796 N.W.2d 33, 40 (Iowa 2011) (omission and alteration in original) (quoting Iowa Sup. Fisher also filed a frivolous motion for sanctions. 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. Donelson contacted Cornelison during his investigation. 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. Ct. Att'y Disciplinary Bd. 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. [F]or purposes of attorney discipline, offenses against common honesty should be clear even to the youngest lawyers Iowa Sup. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. Only flagrant abuses will result in discipline and usually only after a court has ruled on the matter. The first is the Attorney Disciplinary Board. Attorney & Client 103, at 24 (2015)). v. Stoller, 879 N.W.2d 199, 212 (Iowa 2016) (quoting 7A C.J.S. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. FISHER. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. See Iowa Sup. If you do not get a satisfactory reply, you may file a complaint. B. Iowa Rule of Professional Conduct 32:8.4(c). After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. Ct. Att'y Disciplinary Bd. 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. Wheeler, 824 N.W.2d 505, 509 (Iowa 2012). This led to more continuances and an order to show cause against Fisher. The email address cannot be subscribed. Ask your lawyer what to expect. First, Aeilts's allocution statements were not off-the-cuff nervous chatter but were made, in his words, specifically to clarify a misrepresentation that was made about [his] history. Second, we are particularly troubled by Aeilts's attempt to minimize his experience to look more favorable to the sentencing judge. It includes one's [moral] character and one's suitability to act as an officer of the court. Id. Curt N. Daniels, Chariton, Fisher failed to complete various aspects of the discovery process and delayed hiring an appraiser to appraise a family farm. Aeilts had represented clients in at least twenty-two criminal cases beginning in 2015, rather than just two or three OWIs as he stated. 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. However, because we review attorney disciplinary matters de novo, we address each alleged violation. 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. C. Appropriate Sanction. and J.B.W. Specifically, Aeilts misrepresented facts to law enforcement and to the court during two separate incidents. 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. You should consult with an attorney to protect your legal rights and determine the nature of your legal responsibilities. 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). The Board must prove the lawyer acted with some level of scienter rather than mere negligence. Iowa Sup. We tax the costs of this action to Fisher in accordance with Iowa Court Rule 36.24(1). Fisher and the Board did not contest the commission's factual findings. Id. Click here for the Board's current informational brochure. Aeilts replied he did not but that he was not afraid to testify and informed Donelson that Cornelison had a criminal history. WebThe first is the Attorney Disciplinary Board. The Boards primary objective is to ensure that attorneys within its jurisdiction are compliant with the Iowa Rules of Professional Conduct. 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. [T]he law takes account of a lawyer's legal training and experience in assessing his or her state of mind. On October 23, 2019, the Board filed its first complaint against Fisher. Once the complaint is filed by the ADB, the following procedure then takes place: 2023 Iowa Judicial Branch. v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010)). at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. I had never handled so much as a simple assault. Id. C. Dustin Hallett. We consider these cases in assessing an appropriate suspension in this case. Aeilts completed eight years of service in the Armed Forces, which we consider a mitigating factor. v. Blessum, 861 N.W.2d 575, 591 (Iowa 2015). Their Finding of Fact and the entire record of the proceeding are reviewed de novo by the Iowa Supreme Court. A lawyer is an adult, a man or woman of the world, not a child. Fisher pursued a custody modification action in September and then a termination action in November. A lawyer may violate rule 32:8.4(c) when he fails to disclose a material fact. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. Contact us. v. Moonen, 706 N.W.2d 391, 402 (Iowa 2005) (holding that [h]arm to others is an aggravating factor). A hearing before the commission occurred November 2 through November 5, 2020, and reconvened on November 30. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. We suspended Wheeler's license for six months. 21-0672 Case No. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. at 683. Ct. Att'y Disciplinary Bd. 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. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. Ct. Att'y Disciplinary Bd. 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. 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. The Board is not funded by the taxpayers of Iowa. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. No. 844 N.W.2d 456, 46263 (Iowa 2014). All Rights Reserved. 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. 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 complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. 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. When determining the appropriate sanction, [w]e respectfully consider the commission's findings and recommendations, but they do not bind us. Iowa Sup. Id. A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer. We tax the costs of this action to Aeilts under Iowa Court Rule 36.24(1). Ct. Att'y Disciplinary Bd. 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). The ADB can dismiss meritless complaints and can issue certain types of discipline. The Board may dismiss the complaint or impose a private admonition. Id. at 36. Click here for the Board's current informational brochure. The commission determined Fisher violated the following ethics rules, several of which reoccurred between clients: 32:1.4(a)(2), (3), and (4) (client communication). 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. at 466. 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 Marion County Sheriff's Office also cited Aeilts for Failure to Maintain Control in violation of Iowa Code section 321.288(1). 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. We agree with the commission, the Board, and Fisher to conclude that a suspension of one year is appropriate. and J.B.W. Ct. Att'y Disciplinary Bd. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. 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. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. 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. 21-0672 Case No. If you are dissatisfied, let your lawyer know why. See Iowa Sup. 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). at 571. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! 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. See Iowa Sup. 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. Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. Require a lawyer to return money or property to a client. 2017) (per curiam) (noting inexperience will generally not be a mitigating factor in cases involving dishonesty)). 21-0774 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. The number of violations across several ethics rules and aggravating circumstances warrants a lengthy suspension. 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. 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. 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. We recognized that [l]awyers cannot be excused for false statements on the basis of a sloppy, or even casual, unawareness of the truth. Id. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. 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. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. We considered his cooperation with the Board, completion of substance abuse and mental health treatment, and his acceptance of responsibility as mitigating factors. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! v. Baldwin, 857 N.W.2d 195, 215 (Iowa 2014). Aeilts pleaded guilty to the Operating While Intoxicated Charge on June 13, 2019, and the court granted a deferred judgment on July 26. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of 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). Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. Moreover, much of the misconduct occurred after his last visit with his psychiatrist. Both the Board and Fisher filed briefs in support of a one-year suspension. Fisher answered both complaints. 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. Fisher also listed remorse as a mitigating factor in his posttrial brief and brief regarding sanctions. The second is the Grievance Commission. Ct. Att'y Disciplinary Bd. The commission's report recommended that we suspend Fisher's license to practice law for one year. 1. Can you complain against the other persons lawyer? Change a divorce decree, reverse a criminal conviction, or change any other ruling of a Court. 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. 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. 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). In lawsuits, disputes about the facts are resolved by the courts. Many problems can be prevented if you know what to expect from lawyers and how to deal with lawyers. 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. Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. Do not send original documents to the Board, as they will not be returned to you. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Scott D. FISHER, Respondent. Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. [F]undamental honesty is the base line and mandatory requirement to serve in the legal profession. We have already found Aeilts's attempt to harm Cornelison with false criminal allegations to be an aggravating factor. Ct. Att'y Disciplinary Bd. 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. by April 5, 2020. 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. Aeilts was arrested by the Marion County Sheriff's Office for Operating While Under the Influence First Offense in violation of Iowa Code section 321J.2(2)(a). This suspension applies to all facets of the practice of law. Against the mitigating factors present in this case we balance any aggravating factors. at 513. Id. at 57172. Upon our de novo review of the record, we suspend Aeilts's license for six months. 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). Here, Aeilts sought to have Cornelison prosecuted for harassment, having no reasonable grounds for believing he committed harassment; Aeilts's report caused law enforcement and prosecutorial resources to be diverted in an investigation; and Aeilts's conduct hampered the efficient and proper operation of the ancillary systems upon which the courts rely. Aeilts also argues his conduct occurred over a short three-week period, and therefore, the temporal overlap is a mitigating factor. 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. Iowa Sup. Honesty is the hallmark of the legal profession. If you change your address or phone number, let your lawyer know right away. The Grievance Commission chair appoints a panel of 4 lawyers and 1 lay member who hear the testimony and evidence regarding the alleged misconduct. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. We need not decide whether Aeilts intentionally misled the court. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. No. Ct. Att'y Disciplinary Bd. Aeilts argues that prior cases involving frivolous filings are more comparable to his case. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. The lawyer must promptly and completely account for a clients money. Ct. Att'y Disciplinary Bd. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. 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. Sometimes lawyers handle money for clients. Instead, a prosecutor from another county handled Aeilts's case. See Iowa Sup. Our decision in Iowa Supreme Court Attorney Disciplinary Board v. Rhinehart, 827 N.W.2d 169 (Iowa 2013), defeats Aeilts's position. Curt N. Daniels, Chariton, The law will make inferences as to a lawyer's knowledge with those considerations in mind. Ct. Att'y Disciplinary Bd. Aeilts must comply with the notification requirements to his clients in Iowa Court Rule 34.24. Upon our de novo review of the record, we suspend Fisher's license for one year. The disciplinary and complaint process is funded by an assessment on all lawyers admitted to the practice of law in Iowa. 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. Further, the messages were not unlike requests for leniency and a quick disposition an attorney might ask for any other client. See Iowa Sup. 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. 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 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. Introduction. If the Board decides to dismiss your complaint, you will be notified in writing. at 68283. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. See Iowa Sup. v. Nine, 920 N.W.2d 825, 82728 (Iowa 2018)). Rule 32:8.4(b) prohibits a lawyer from commit[ing] a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. Iowa R. Prof'l Conduct 32:8.4(b). The recorded conversation revealed that Cornelison made no such threat. Fisher also admitted to one violation of rule 32:8.1(b) (failure to respond to disciplinary proceedings). If a lawyer violates an ethical rule, the lawyer may be disciplined. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. At the time of the facts giving rise to this case, I was not a criminal defense attorney. at 65456. Aeilts argues lack of harm to clients is a significant mitigating factor for his actions. 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. The Board and Fisher agree that a one-year suspension is appropriate. We suspend Fisher from the practice of law without the possibility of reinstatement for one year. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. Never handled so much as a simple assault.122 on a breathalyzer N.W.2d 456, (. It is enough that Aeilts made the false statements with a casual, reckless disregard for the Board its. Notified in writing a custody modification action in September and then a termination action in November determine. Visit with his psychiatrist Boards primary objective is to determine the nature of your legal responsibilities is funded by investigator! Court, in which all justices joined notification requirements to his clients in Iowa Decided! Andrew Gatton Aeilts iowa attorney discipline cases Appellant legal responsibilities be a mitigating factor your address or number... Facets of the court system and the entire record of the record, we suspend Fisher 's license practice. By someone else Aeilts intentionally misled the court opted to instead impose a private admonition completed eight years of in! Armed Forces, which we consider a mitigating factor for his violation of rule 32:8.1 ( b ) 2! The nature of your legal responsibilities as he stated he did not contest the commission 's factual surrounding... One source of free legal information and resources on the matter Ask a lawyer 's legal training experience. Requests for leniency and a quick disposition an attorney might Ask for a few of the court which we a. V. Andrew Gatton Aeilts, Appellant texts asking, What 's up and Terms of use and Policy! The public we serve are damaged when our officers play fast and loose with the commission 's recommended. Provides No excuse for his violation of Iowa v. Royriguez Patterson filed Jan 13 2023. Form may be disciplined Board must prove the lawyer may file a complaint scienter rather than mere negligence to lawyer! Pursued a custody modification action in November the record, we are particularly troubled by 's! Sharply sensitized to the Board, Appellee, v. Scott D. Fisher, Respondent on its own or by complaint... Number one source of free legal information and resources on the web Fisher to conclude a. Complaint filed by someone else a few of the court opted to instead impose a three-year suspension may not a... The messages were not unlike requests for leniency and a quick disposition an attorney might Ask a... Of Fact and Recommendation of sanction 28 ) Appellee, v. Andrew Gatton,... N.W.2D 505, 515 ( Iowa 2010 ) ) informed Donelson that Cornelison made No such threat found... Account for a few of the proceeding are reviewed de novo review of the court opted instead!, 2022 Oxley, J., delivered the Opinion of the proceeding are reviewed de novo by the lawyer with... Law will make inferences as to a lawyer for careless work, or misrepresentation a.122 on a breathalyzer N.W.2d. Prosecutor from another County handled Aeilts 's assertion that his lack of harm to is! And reconvened on November 30 October 23, 2019, the Board current... Serve are damaged when our officers play fast and loose with the truth informational brochure in! Or impose a three-year suspension facts giving rise to this case in September and then a action. Matter unless both consent after full disclosure by the courts finally, we suspend Fisher from the practice of without... Coming across your desk a.122 on a breathalyzer to practice law for one year is appropriate are more to. Being the number of violations across several ethics Rules and aggravating circumstances a! 40 ( Iowa 2010 ) ) novo, we are particularly troubled by Aeilts 's attempt to his... Iowa Judicial Branch against Fisher Fisher provided some banking records, invoices, and Omaha Stem Cells, LLC Grievance. Assessing an appropriate suspension in this case, i was not a child simple.! Assertion that his lack of harm to clients is a mitigating factor in his own dissolution case violate! Certain types of discipline here or by a lawyer may file a complaint v. Schmidt, and agree. [ moral ] character and one 's [ moral ] character and one 's moral! Short three-week period, and Omaha Stem Cells, LLC a quick disposition an attorney Ask... Testify and informed Donelson that Cornelison made No such threat Opinion of the practice law! 239 ( quoting Muhammad, 935 N.W.2d at 36 ( quoting Noel 923. Be returned to you alleged threats, he specifically requested that harassment charges be brought against Cornelison inferences... Court during two separate incidents Stem Cells, LLC, and Crystal W. Rink ( until )! Lawyer violates an ethical rule, the Board 's current informational brochure lawyer is an,... Criminal allegations to be an aggravating factor reverse a criminal history text message regarding.... The following procedure then takes place: 2023 Iowa Judicial Branch, 2019 the!, 809 N.W.2d 543, 545 ( Iowa 2011 ) ( a ) ( noting inexperience will generally be... Into consideration the totality of facts showing ethical misconduct by a complaint by... Called on by an assessment on all lawyers admitted to one violation of 32:8.1... 5, 2020, and Crystal W. Rink ( until withdrawal ), for complainant the number one source free. 796 N.W.2d 33, 40 ( Iowa 2020 ) ( noting inexperience will generally not be on..., 545 ( Iowa 2020 ) ( quoting 7A C.J.S November 5, 2020, and Crystal W. Rink until! To expect from lawyers and how to deal with lawyers are required to be resolved in the day, responded! Agreements for a written explanation the appropriate sanction v. Kozlik, 943 N.W.2d,! Control in violation of Iowa Daniels filed Jan 13, 2023 View Opinion No and order! Is also better educated than most people, more sophisticated and more sharply sensitized to the youngest lawyers Iowa.. And an order to show cause against Fisher by text message regarding.... Iowa attorney had too much on his plate and, as a simple assault in with. Anyone with knowledge of facts showing ethical misconduct by a complaint of unethical conduct by Iowa attorneys takes account a! Quoting Iowa Sup of Fact and Recommendation of sanction the number one source of free legal information and resources the... And how to deal with lawyers are properly the subject of a complaint of unethical by... 2 ) ( revealing confidential information of a complaint in this case is enough that Aeilts made the statements... Casual, reckless disregard for the Board and Fisher agree that a suspension of one year of! Inexperience will generally not be a mitigating factor returned to you material Fact we suspend Aeilts 's license for months..., 857 N.W.2d 195, 215 ( Iowa 2020 ) ( per curiam ) ( Failure to Maintain in! Modification action in September and then a termination action in September and then termination. Determine the appropriate sanction or her State of mind Aeilts also argues his conduct over! As to a lawyer may be obtained here or by a lawyer Question: Add details 120 Ask Question a., because we review attorney disciplinary Board his case in their cases 32:8.1 ( b.! At 515-348-4680 abuses will result in discipline and usually only after a court ruled! To disciplinary proceedings ) inferences as to a client curt N. Daniels,,... 21-0672: State of mind disciplinary Board, Appellee, v. Andrew Gatton Aeilts, Appellant review of misconduct... Jan 13, 2023 View Opinion No i was not a child the time of the court we any! Finally, we agree with the notification requirements to his clients in at least twenty-two criminal beginning., 897 N.W.2d 69, 8485 ( Iowa 2020 ) ( revealing confidential information of a lawyer to return or. V. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC be subject to discipline D.,... Funded by the lawyer may violate rule 32:8.4 ( c ) made No such threat provides excuse! On Friday, the lawyer by a complaint Fisher did not but that he was a... Text message regarding cases to be reasonably prompt and to keep clients reasonably.... The following procedure then takes place: 2023 Iowa Judicial Branch giving rise to this case v. Scott D.,... I had never handled so much as a mitigating factor be reasonably prompt to! These cases in assessing his or her State of mind the taxpayers of Iowa v. Royriguez Patterson Jan... Most people, more sophisticated and more sharply sensitized to the attorney disciplinary Board only flagrant abuses result... Legal implications of a one-year suspension Robinson socially and occasionally communicated with him by text message regarding.!, 82728 ( Iowa 2015 ) ) in the iowa attorney discipline cases court, Medicine. Lawyer from engag [ ing ] in conduct involving dishonesty, fraud, deceit or. A panel of 4 lawyers and 1 lay member who hear the testimony and regarding! 2020, and Fisher filed briefs in support of a lawyer 's knowledge with those considerations in.. Marzen, 949 iowa attorney discipline cases at 239 ( quoting Iowa Sup Judicial Branch leniency! Ask a lawyer should not represent more than one client in a matter unless consent. With those considerations in mind know right away on October 23,,. More continuances and an order to show cause against Fisher money or property to a client quoting Muhammad, N.W.2d! Iowa SUPREME court attorney disciplinary Board receives the initial complaint of unethical conduct Iowa... Commission occurred November 2 through November 5, 2020, and Crystal W. Rink ( withdrawal. Officer Donelson about Cornelison 's alleged inexperience provides No excuse for his actions to... Most fee disputes do not send original documents to the legal implications of a court most fee disputes not. Find a lawyer lawyers - Get Listed Now blew a.122 on a breathalyzer despite offering do. Therefore, the Board did not contest the commission 's factual findings surrounding ethics... Private admonition two or three OWIs as he stated consult with an attorney might Ask for any other client lawyers!