Finally, Aeilts cooperated with the Board, which is a mitigating factor. 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. 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. 21-0672 Case No. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! 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. Ct. Att'y Disciplinary Bd. Such a system often produces different versions of the facts in lawsuits and a certain amount of hard feelings. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. 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. No. What are the unpredictable factors? Aeilts's alleged inexperience provides no excuse for his violation of this rule. Finally, we reject Aeilts's assertion that his lack of experience is a mitigating factor. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. at 513. Ct. Att'y Disciplinary Bd. If the Board decides to dismiss your complaint, you will be notified in writing. at 65456. v. Suarez-Quilty, 912 N.W.2d 150, 158 (Iowa 2018), a fact we think is clear from the record of Aeilts's allocution. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. See Iowa Sup. Against the mitigating factors present in this case we balance any aggravating factors. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. Iowa Sup. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. 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. 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? In lawsuits, disputes about the facts are resolved by the courts. 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. [M]isrepresentation is a serious breach of professional ethics. Id. 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. v. Cunningham, 812 N.W.2d 541, 553 (Iowa 2012) (determining we will not view a lawyer's prior discipline as an aggravating factor when the conduct occurred during the same timeframe as the current violation before the court). Lawyers are required to be reasonably prompt and to keep clients reasonably informed. The commission's report recommended that we suspend Fisher's license to practice law for one year. v. Widdison, 960 N.W.2d 79, 98 (Iowa 2021) (suspending lawyer's license for ninety days because he filed a frivolous case against his ex-wife); Iowa Sup. v. Barry, 762 N.W.2d 129, 139 (Iowa 2009)). Both the Board and Fisher filed briefs in support of a one-year suspension. D. J.H. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. I did not know -- I was not a criminal attorney -- that to get a no-contact order from law enforcement it required criminal charges. We agree with the commission that Aeilts's conduct during his allocution violated rule 32:8.4(c). If a lawyer violates an ethical rule, the lawyer may be disciplined. 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 later revealed Hallett's outstanding legal fees in a publicly viewable online exchange. 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. Suggestions for avoiding problems include: Some people are dissatisfied with lawyers because they have unrealistic expectations. v. Baldwin, 857 N.W.2d 195, 215 (Iowa 2014). WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. How frequently and by what means will we communicate? No. [F]undamental honesty is the base line and mandatory requirement to serve in the legal profession. The sanction for an OWI and additional criminal conduct ranges from public reprimand up to a two-year license suspension. 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. Despite this uncertainty, he emailed J.H.s mother that he possessed an affidavit of service and he was going to terminate J.H.s parental rights at a hearing even though he later filed a continuance. Id. 32:1.16(b)(1) and 32:1.16(d) (proper withdrawal). We do not apply a standard sanction in particular types of attorney disciplinary cases. WebI. 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. 21-0774 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. 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. 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. Aeilts also misrepresented material facts to law enforcement when he reported to Officer Donelson that Cornelison threatened to physically assault him, seeking to press criminal charges for harassment and obtain a no-contact order. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. Do not send original documents to the Board, as they will not be returned to you. Once the complaint is filed by the ADB, the following procedure then takes place: 2023 Iowa Judicial Branch. Under Ramey, an attorney who misrepresents the truth based on a sloppy or casual unawareness of the truth must still be held accountable. v. Meyer, 944 N.W.2d 61, 69 (Iowa 2020)). There are several present here. 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). at 683. and J.B.W. v. Stowers, 823 N.W.2d 1, 717 (Iowa 2012) (suspending a lawyer's license for ninety days after he sent emails to his wife's former employer threatening to expose confidential information in violation of a protective order in an attempt to get her former employer to make a large cash donation to a charity in his wife's name); Iowa Sup. Although Cornelison was not his client, the incident arose from Aeilts's representation of a client. 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. Fee arbitration is an alternative method of resolving a fee dispute. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. During the phone call, Cornelison told Aeilts he was going to file an ethics complaint against him. There is no temporal overlap to mitigate Aeilts's conduct, and we reject his argument to the contrary. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. See Iowa Sup. No. Id. C. Appropriate Sanction. 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. Please try again. He maintains a private law practice with his wife in Pella, Iowa. Ct. Att'y Disciplinary Bd. v. Gailey, 790 N.W.2d 801, 80508 (Iowa 2010) (suspending lawyer's license for sixty days for aiding and abetting a violation of a no-contact order between his son and his son's wife and offering her an inducement to testify in a certain way in his son's pending criminal matter); Iowa Sup. 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. However, criminal or fraudulent conduct may be subject to discipline. Iowa Sup. Can you complain against the other persons lawyer? After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of at 57172. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. Pursuant to Iowa Court Rule 35.11(2), the Iowa Supreme Court Attorney Disciplinary Board was granted permission to appeal from the findings and recommendations of the Grievance Commission concerning alleged disciplinary rule violations by the respondent attorney. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. Id. If there is any significant delay in receiving money from a lawyer or in getting a complete accounting, a complaint can be filed. Sue a lawyer for careless work, or do work a lawyer failed to do. 21-0672 Case No. 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. Ct. Att'y Disciplinary Bd. 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. Introduction. One's fitness to practice law is determined by more than one's competency in legal matters. I had never handled so much as a simple assault. WebOral Argument Schedule. 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. Fisher also failed to respond to several inquiries from Curry about discovery or the appraiser. Ct. Att'y Disciplinary Bd. F. C.B.W. Our decision in Iowa Supreme Court Attorney Disciplinary Board v. Rhinehart, 827 N.W.2d 169 (Iowa 2013), defeats Aeilts's position. An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). 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 21-0774 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 Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Ct. Att'y Disciplinary Bd. Aeilts's conduct easily meets this standard. 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. No. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. at 65758. 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). 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. E. A.H. On September 1, 2017, A.H. and Fisher entered into an attorneyclient relationship. Ct. Att'y Disciplinary Bd. 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. Ct. Att'y Disciplinary Bd. 2023 Iowa Judicial Branch. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. Aeilts has engaged in community service and has represented underrepresented communities, which are also mitigating factors. Iowa Sup. He was clearly intoxicated during the incident as he later blew a .122. Write to confirm all important understandings. When determining the appropriate sanction, [w]e respectfully consider the commission's findings and recommendations, but they do not bind us. Iowa Sup. 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. 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. Iowa Sup. at 78385. A. Haylie Reiter. The nature of Aeilts's conduct is an aggravating factor in this case. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. 45.2(3)(c) (types of acceptable records for funds). served or submit service by publication through the Des Moines Register, resulting in several continuances of the case. Honesty is the hallmark of the legal profession. v. Haskovec, 869 N.W.2d 554, 560 (Iowa 2015). We considered his cooperation with the Board, completion of substance abuse and mental health treatment, and his acceptance of responsibility as mitigating factors. 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. 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. at 460. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 32:1.5(a) (unreasonable fee agreement). A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. The second is the Grievance Commission. 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. Most complaints are filed by clients, but this is not a requirement. We review attorney disciplinary proceedings de novo. A hearing before the commission occurred November 2 through November 5, 2020, and reconvened on November 30. Fisher also failed to meet various deadlines and inform clients of important updates in their cases. Fisher also listed remorse as a mitigating factor in his posttrial brief and brief regarding sanctions. 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 recorded conversation revealed that Cornelison made no such threat. On Friday, the court opted to instead impose a three-year suspension. Iowa Sup. We conclude that Fisher's unsubstantiated claim of remorse is not a mitigating circumstance. v. Adams, 809 N.W.2d 543, 545 (Iowa 2012). In summary, we conclude Aeilts violated rules 32:8.4(b), 32:8.4(c), and 32:8.4(d). At the time of the facts giving rise to this case, I was not a criminal defense attorney. Andrew Aeilts was admitted to practice law in Iowa in 2015. Id. 824 N.W.2d at 51011. This suspension applies to all facets of the practice of law. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 22-1646 Case No. 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! If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. 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. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. v. Blessum, 861 N.W.2d 575, 591 (Iowa 2015). WebI. Id. 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. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! As my professional statement, I did not know that to be true. 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. Regardless of whether anyone was actually harmed, Aeilts's conduct was an aggravating, not a mitigating, factor for Aeilts's actions in this case. I was not a criminal defense attorney. Lawyers, like other professionals, sometimes make mistakes. 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). Aeilts appealed. by April 5, 2020. Iowa Sup. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. 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