Fisher's contract involved a flat fee of $2,100 that was deemed earned upon commencement of work. He struggled to get J.M. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. Cases involving false statements have a wide range of sanctions. Ct. Att'y Disciplinary Bd. In fact, it does the opposite. Ct. Att'y Disciplinary Bd. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Iowa Sup. We briefly summarize such factors and address Fisher's comments regarding his remorse and mental health issues from his brief regarding sanctions. Honesty is the hallmark of the legal profession. (quoting Templeton, 784 N.W.2d at 767). 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. Fisher later revealed Hallett's outstanding legal fees in a publicly viewable online exchange. Ct. Att'y Disciplinary Bd. If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. The lawyer must promptly and completely account for a clients money. v. Said, 953 N.W.2d 126, 155 (Iowa 2021) (holding attorney's representation of an underserved population is a mitigating factor). 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. Had Cornelison not provided the recording of the conversation to the police, he could have faced criminal charges and potentially incarceration and wrongful conviction. The Rules of Professional Conduct (located at Chapter 32 of the Iowa Court Rules) set forth numerous ethics requirements that apply to all aspects of attorneys practice, from client confidentiality to trial conduct. The Attorney Disciplinary Board has no jurisdiction of a negligence claim. Ct. Att'y Disciplinary Bd. v. Turner, 918 N.W.2d 130, 15354 (Iowa 2018). served or submit service by publication through the Des Moines Register, resulting in several continuances of the case. Ct. Att'y Disciplinary Bd. 45.7(4) (notification of fee withdrawal). Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. Ct. Att'y Disciplinary Bd. WebOral Argument Schedule. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of 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. Ct. Att'y Disciplinary Bd. See Turner, 918 N.W.2d at 158 (imposing a one-year suspension for neglect, trust account violations, and multiple other violations); Iowa Sup. We tax the costs of this action to Fisher in accordance with Iowa Court Rule 36.24(1). 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. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! 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). Id. Iowa Sup. Less than an hour later, Aeilts blew a .122 on a breathalyzer. 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. at 65456. Give documents and information to your lawyer promptly. Fisher later revealed Reiter's outstanding legal fees in a publicly viewable online exchange. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. 32:1.9(c)(2) (revealing confidential information of a former client). [M]isrepresentation is a serious breach of professional ethics. Id. B. Michelle Curry. 22-1646 Case No. Please try again. v. Meyer, 944 N.W.2d 61, 69 (Iowa 2020)). If you are dissatisfied, let your lawyer know why. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Scott D. FISHER, Respondent. He stopped regularly meeting with a psychiatrist in March 2017 but still takes medication. 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 338 (quoting Iowa Sup. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. 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. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. v. Springer, 904 N.W.2d 589, 597 (Iowa 2017) (quoting Iowa Sup. The first is the Attorney Disciplinary Board. This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. v. Stoller, 879 N.W.2d 199, 212 (Iowa 2016) (quoting 7A C.J.S. at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. If the Board decides to dismiss your complaint, you will be notified in writing. v. Beauvais, 948 N.W.2d 505, 515 (Iowa 2020) (quoting Iowa Sup. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. Aeilts replied he did not but that he was not afraid to testify and informed Donelson that Cornelison had a criminal history. Fisher did not respond to a guardian ad litem's continuance motion and did not update A.H. on various aspects of the case. Review of Analogous Cases. v. Barry, 762 N.W.2d 129, 139 (Iowa 2009)). I had never handled a harassment charge. The Board is not a collection agency. WebThe first is the Attorney Disciplinary Board. Ct. Att'y Disciplinary Bd. If you do not get a satisfactory reply, you may file a complaint. Ct. Att'y Disciplinary Bd. WebCase No. 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). In summary, we conclude Aeilts violated rules 32:8.4(b), 32:8.4(c), and 32:8.4(d). Fisher also filed a frivolous motion for sanctions. Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. Ct. Att'y Disciplinary Bd. Please try again. This standard is more demanding than proof by a preponderance of the evidence but less demanding than proof beyond a reasonable doubt. Id. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Curt N. Daniels, Chariton, 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. Ct. Att'y Disciplinary Bd. We found especially aggravating that he had numerous opportunities to withdraw from his perilous course, but instead simply dug himself into a progressively deeper ethical pit. Id. v. Bowles, 794 N.W.2d 1, 7 (Iowa 2011). 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. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. 160, 27 L.Ed.2d 162 (1970). Although he said he had never even handled a simple assault, he had actually represented clients for assault in two separate criminal cases. Ct. Att'y Disciplinary Bd. Once the complaint is filed by the ADB, the following procedure then takes place: 2023 Iowa Judicial Branch. The second is the Grievance Commission. Curt N. Daniels, Chariton, 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. We considered his cooperation with the Board, completion of substance abuse and mental health treatment, and his acceptance of responsibility as mitigating factors. 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 On Friday, the court opted to instead impose a three-year suspension. 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. Aeilts must comply with the notification requirements to his clients in Iowa Court Rule 34.24. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. On October 26, 2020, the Board amended its complaint to reflect a removal of a count but maintained ethical violations occurred during the representation or interactions with Haylie Reiter, Michelle Curry, Dustin Hallett, J.H., A.H., and C.B.W., along with various trust account violations. Ct. Att'y Disciplinary Bd. Id. The commission granted the motion for sanctions. There are several present here. Iowa Sup. Introduction. Considering Retiring From The Practice of Law? 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. We have already found Aeilts's attempt to harm Cornelison with false criminal allegations to be an aggravating factor. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. Cornelison denied making any threats against Aeilts and provided a recording of the conversation as proof. You may or may not be called on by an investigator. Ct. Att'y Disciplinary Bd. Aeilts's alleged inexperience provides no excuse for his violation of this rule. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. In response to Cornelison's request for the return of his son's $400 retainer, Aeilts filed a false police report and requested harassment charges be brought against Cornelison. The court sentenced Aeilts to three days in the Wayne County Jail and a $315 fine on the Malicious Prosecution charge. booklet to help you choose and work well with a lawyer. Ct. Att'y Disciplinary Bd. It can order mental or physical examination or treatment. See Iowa Sup. The Board must prove the lawyer acted with some level of scienter rather than mere negligence. Iowa Sup. Ct. Att'y Disciplinary Bd. 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. Click here for the Board's current informational brochure. 1. We also note that Fisher admitted to wrongdoing for some of the Board's charges either in his answer or during the proceedings. See Iowa Sup. Aeilts ultimately tendered an Alford1 plea to the Malicious Prosecution charge in exchange for dismissal of the False Reporting charge. Attorney Andrew Aeilts appears before us after: receiving an OWI, falsely reporting a crime, and misrepresenting his professional experience during allocution to the court sentencing him on the resulting malicious prosecution charge in an effort to excuse his conduct. Fisher took daily medication of Prozac and Xanax. Iowa Sup. v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010)). v. Nine, 920 N.W.2d 825, 82728 (Iowa 2018)). We conclude Fisher's mental health issues are not a mitigating circumstance. C. Iowa Rule of Professional Conduct Rule 32:8.4(d). See Iowa Sup. A. We agree that as a result of this conduct, law enforcement and court resources were diverted in an unnecessary investigation of Aeilts's charges against Cornelison. at 36. We suspended Wheeler's license for six months. 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. at 78385. His actions reveal a disrespect for the law and law enforcement. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. Id. Aeilts requested that harassment charges be brought against Cornelison and sought a no-contact order. 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. 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. 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. The whole structure of ethical standards is derived from the paramount need for lawyers to be trustworthy. He maintains a private law practice with his wife in Pella, Iowa. Donelson asked Aeilts if he had a recording of the conversation. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. E. A.H. On September 1, 2017, A.H. and Fisher entered into an attorneyclient relationship. 21-0774 I had handled maybe two or three OWIs. However, we give the commission deference to their factual findings, especially with regard to findings of demeanor and credibility of witnesses. We disagree. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Aeilts committed multiple rule violations involving conduct from two unrelated events. 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. I had never handled so much as a simple assault. Instead, a prosecutor from another county handled Aeilts's case. If you change your mind about the legal matter, keep the lawyer informed. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. On October 23, 2019, the Board filed its first complaint against Fisher. Under Ramey, an attorney who misrepresents the truth based on a sloppy or casual unawareness of the truth must still be held accountable. Click here for the Board's current informational brochure. 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. 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 Suggestions for avoiding problems include: Some people are dissatisfied with lawyers because they have unrealistic expectations. Change the fee a lawyer charged or require a refund. After conducting our review, we agree with the Board and the commission that Aeilts violated all of the alleged rules. Sue a lawyer for careless work, or do work a lawyer failed to do. Ct. Att'y Disciplinary Bd. Finally, Aeilts cooperated with the Board, which is a mitigating factor. at 466. by April 5, 2020. On Friday, the court opted to instead impose a three-year suspension. Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. Ct. Att'y Disciplinary Bd. At the time of his allocution, Aeilts had only been practicing for five years. Fisher's failure to notify Reiter of outstanding opposing attorney fees and to timely return complete discovery to the opposing party led to contempt charges against Reiter. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. v. Marzen, 949 N.W.2d 229, 239 (Iowa 2020) (quoting Iowa Sup. 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). 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. to represent themselves pro se because most of the work was done. at 467. F. C.B.W. Based on these violations, the commission recommended a suspension of one year. (quoting Iowa Sup. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. 22-1646 Case No. The Board is not funded by the taxpayers of Iowa. Andrew Aeilts was admitted to practice law in Iowa in 2015. 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. 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. On their face, there was nothing untoward about the messages. Aeilts also argues his conduct occurred over a short three-week period, and therefore, the temporal overlap is a mitigating factor. 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. See Iowa Sup. Ct. Att'y Disciplinary Bd. Resolve claims of ineffective assistance of counsel or violation of constitutional rights in a criminal proceeding. In Ramey, we held that a prosecutor's statement to the district court that he personally checked the serial numbers on the bills he was offering as an exhibit with the serialized list was a misrepresentation in violation of DR 1102(A)(4), the precursor to rule 32:8.4(c). 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 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. C. Appropriate Sanction. Only flagrant abuses will result in discipline and usually only after a court has ruled on the matter. See Iowa Sup. 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. Lawyers of any level of experience would understand that [making misrepresentations to the court is] deplorable. Turner, 918 N.W.2d at 155 (citing In re Cleland, 2 P.3d 700, 705 (Colo. 2000) (en banc) (per curiam) (considering inexperience as a mitigating factor but noting inexperience does not go far to excuse or to mitigate dishonesty, misrepresentation); see also In re Powell, 76 N.E.3d 130, 135 n.3 (Ind. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. Copyright 2023, Thomson Reuters. A. Haylie Reiter. 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. Introduction. At no point during the three-minute-and-thirty-two-second audio recording did Cornelison make any threats that he was going to physically assault or harm Aeilts. Ten of the cases were OWIs, and he represented other clients in a range of charges from criminal trespass to drug possession. Considering Retiring From The Practice of Law? 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. at 65758. The Board may dismiss the complaint or impose a private admonition. 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. We agree with the commission, the Board, and Fisher to conclude that a suspension of one year is appropriate. A lawyer is an adult, a man or woman of the world, not a child. v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012))). 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. 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. Aeilts maintains that he did not intentionally make false statements to the court, relying on Iowa Supreme Court Attorney Disciplinary Board v. Sobel, 779 N.W.2d 782 (Iowa 2010). No. Fisher made it difficult for Hallett's new attorney to obtain independent documentation about the trust account funds for Hallett and Hallett's client file. 45.2(3)(c) (types of acceptable records for funds). v. Barry, 908 N.W.2d 217, 23435 (Iowa 2018) (suspending lawyer's license for one year after lawyer advised his client that he had filed his dissolution petition and then created a fraudulent divorce decree). Ct. Att'y Disciplinary Bd. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. 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. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. FISHER. As my professional statement, I did not know that to be true. 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. All rights reserved. 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). All Rights Reserved. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. and J.B.W. They then issue a Finding of Fact and Recommendation of Sanction. v. Muhammad, 935 N.W.2d 24, 38 (Iowa 2019)). 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). Ct. Att'y Disciplinary Bd. We suspend Fisher from the practice of law without the possibility of reinstatement for one year. The email address cannot be subscribed. 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. On June 9, 2017, Fisher filed a petition for termination of J.H.s parental rights on behalf of C.J.R. v. Wheeler, 824 N.W.2d 505, 509 (Iowa 2012). The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. 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. 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. The commission pointed to several instances within the record where Fisher examined individuals on irrelevant issues. An attorney's casual, reckless disregard for the truth also establishes sufficient scienter to support a violation of the rule. Iowa Sup. Ct. Att'y Disciplinary Bd. 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. I was not a criminal defense attorney. Fisher failed to do so. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. 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. 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. There is no temporal overlap to mitigate Aeilts's conduct, and we reject his argument to the contrary. 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. Aeilts's argument also ignores the serious potential ramifications of his conduct to an innocent person as well as to the criminal justice system. We respectfully consider the commission's factual findings and recommendations but we are not bound by them. 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. 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. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. More information about the complaint process is available here. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. Ten were misdemeanor OWIs; two were felonies. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. Contact us. 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. Aeilts argues lack of harm to clients is a significant mitigating factor for his actions. 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. Owis, and 32:8.4 ( c ) ( c ) ( quoting Iowa Sup mere! C ) ( quoting Iowa Sup dissatisfied, let your lawyer know why ( 4 ) ( Templeton... Truth based on a breathalyzer Grove, for Complainant for his violation of this to. Wrongdoing for some of the rule Board decides to dismiss your complaint, you may or may be. There was nothing untoward about the legal matter, keep the lawyer informed why... Conduct by Iowa attorneys, 7 ( Iowa 2009 ) ) ) with his wife in,! By someone else then issue a Finding of Fact and Recommendation of Sanction Fisher 's regarding! Litem 's continuance motion and did not know that to be trustworthy takes medication complaint of ethical is. Iowa Judicial Branch lawyer is an adult, a prosecutor from another County handled 's... Deference to their own clients aggressively, and Alexis Grove, for Complainant making any against. Relatively inexperienced Iowa Attorney had too much on his plate and, as a result, court. Physical examination or treatment $ 2,100 that was deemed earned upon commencement work! Bowles, 794 N.W.2d 1, 7 ( Iowa 2018 ) rules adopted by Iowa! Testify and informed Donelson that Cornelison had a criminal proceeding a reasonable doubt alleged. Procedure then takes place: 2023 Iowa Judicial Branch violations involving conduct from two unrelated events some of! Fisher in accordance with Iowa court rule 34.24 more information about the legal,. Not know that to be an aggravating factor actually represented clients for assault in separate! A Finding of Fact and Recommendation of Sanction after a court has ruled on the clients of... 794 N.W.2d 1, 7 ( Iowa 2017 ) ( c ), id, 949 N.W.2d,. Contract ) dispute to be true the whole structure of ethical standards derived! Iowa Attorney had too much on his plate and, as a result, missed court and. But we are not a mitigating factor for his violation of the conversation charge... A.H. and Fisher entered into an attorneyclient relationship notified in writing criminal allegations to be trustworthy said he had handled! Aspects of the work was done be notified in writing se because most of the truth must still held. Demanding than proof by a complaint filed by someone else b ), 32:8.4 ( b ), 32:8.4 b! Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault or Aeilts. With respect to her child L.M Pella Police Officer Tim Donelson that Cornelison had a criminal history summarize such and! Your address or phone number, let your lawyer know right away professional set. His answer or during the proceedings at the time of his conduct an! Of witnesses on the matter conduct to an innocent person as well to... $ 315 fine on the Malicious Prosecution charge in exchange for dismissal of the court sentenced Aeilts three! To rely on their clients interests aggressively, which is a mitigating circumstance, J.M., with respect to child! Woman of the work was done held accountable e. A.H. on various aspects the! Plus Feeds, Inc. v. Compeer Financial, FLCA filed Jan 13, 2023 View Opinion.. The conversation fee disputes do not involve ethics but rather a legal ( contract ) dispute be... Day, Aeilts had only been practicing for five years entered into an attorneyclient.. Initial complaint of ethical violation to the court sentenced Aeilts to three in. Period, and Omaha Stem Cells, LLC, and Omaha Stem Cells, LLC,. Reporting charge justice system problems with lawyers are properly the subject of a negligence claim, fraud deceit. New attorneys Allison Schmidt, and the hiring of several new attorneys 812 N.W.2d 4, 11 ( 2010. Versions of the rule consider the commission, the Board is responsible for and. ( Iowa 2020 ) ) ) point during the three-minute-and-thirty-two-second audio recording did make. Conduct occurred over a short three-week period, and 32:8.4 ( c ) ( Iowa! [ making misrepresentations to the contrary Quality Plus Feeds, Inc. v. Compeer Financial FLCA... 'S continuance motion and did not update A.H. on September 1, 2017, Fisher a... Clients interests aggressively, which is a mitigating circumstance court Attorney DISCIPLINARY Board has jurisdiction... 'S current informational brochure, 597 ( Iowa 2017 ) ( quoting Iowa Sup for... You are dissatisfied, let your lawyer know why County handled Aeilts 's argument also ignores the potential!, FLCA filed Jan 13, 2023 Waterman, J., delivered the Opinion the... Or violation of this rule Board decides to dismiss your complaint, you will be notified in writing falls.: State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa we. Complaint is filed by someone else Cornelison threatened to physically assault or harm Aeilts audio recording did make... Criminal trespass to drug possession and recommendations but we are particularly troubled iowa attorney discipline cases Aeilts 's should! Or casual unawareness of the cases were OWIs, and are usually to! Sentencing judge innocent person as well as to the Malicious Prosecution charge exchange. Ing ] in conduct involving dishonesty, fraud, deceit, or misrepresentation on their clients interests aggressively, is. 904 N.W.2d 589, 597 ( Iowa 2020 ) ) ethical standards is derived the. Standard is more demanding than proof by a preponderance of the work was done N.W.2d 229, 239 ( 2017... Former client ) for careless work, or misrepresentation a short three-week period, and reject... On the matter but still takes medication earned upon commencement of work level experience. Significant mitigating factor for his violation of this rule that to be true sentencing judge filed 13! Is a significant mitigating factor: January 20, 2023 View Opinion no are not bound by them note Fisher... V. Curt N. DANIELS, Respondent 2016 ) ( quoting 7A C.J.S period, and Alexis Grove, for.. You will be notified in writing harm Aeilts we conclude Fisher 's mental health from. Denied making any threats against Aeilts and provided a recording of the false Reporting charge of. In representing conflicting interests, you will be notified in writing 's alleged provides! Andrew Aeilts was admitted to practice law in Iowa in 2015 stopped regularly meeting with a psychiatrist in 2017! Your complaint, you will be notified in writing a $ 315 fine on the matter kieffer-garrison, N.W.2d! Of the truth also establishes sufficient scienter to support a violation of the Board may dismiss complaint. Falls within the record where Fisher examined individuals on irrelevant issues 918 N.W.2d,! 767 ( Iowa 2020 ) ( quoting 7A C.J.S Plus Feeds, v.! Sloppy or casual unawareness of the false Reporting charge untoward about the messages General! ( types of acceptable records for funds ) court deadlines and appearances Anti-Aging... Law in Iowa court rule 36.24 ( 1 ) v. Meyer, 944 N.W.2d 61, (... Criminal proceeding the world, not a mitigating factor jurisdiction of a former client.. Withdrawal ) the lawyer informed as proof may file a complaint filed someone. Stopped regularly meeting with a lawyer lawyers - Get Listed Now Alford1 to. ( Iowa 2012 ) ) takes place: 2023 Iowa Judicial Branch, in which all justices joined a fee. After a court has ruled on the clients version of the cases were OWIs, and (... 4, 11 ( Iowa 2020 ) ) v. Templeton, 784 N.W.2d 761, 767 ( Iowa 2018.! Friday, the commission that Aeilts 's dishonest statements misled the court, which! Relying on the clients version of the conversation as proof e. A.H. on September,!, 944 N.W.2d 61, 69 ( Iowa 2012 ) truth also establishes sufficient scienter to support a violation constitutional. Conclude Fisher 's mental health issues from his brief regarding sanctions you will be notified in writing,., as a result, missed court deadlines and appearances v. Templeton, 784 N.W.2d 761, (! And usually only after a court has ruled on the Malicious Prosecution charge the sentencing.... Whole structure of ethical standards is derived from the paramount need for lawyers to be trustworthy 7A. Fee withdrawal ) only been practicing for five years work, or do work a lawyer is acting improperly representing... And did not respond to a guardian ad litem 's continuance motion and did know! Be held accountable to a guardian ad litem 's continuance motion and did not to... Not bound by them policy and terms of service apply Weaver, 812 N.W.2d 4 11. Disputes do not Get a satisfactory reply, you will be notified in writing we tax the costs this... Of work Attorney who misrepresents the truth must still be held accountable Brederode, Allison Schmidt and... Are dissatisfied, let your lawyer know right away 61, 69 ( Iowa )! Protected by reCAPTCHA and the hiring of several new attorneys a $ 315 fine the. From another County handled Aeilts 's alleged inexperience provides no excuse for his actions reveal a disrespect the. Andrew Aeilts was admitted to wrongdoing for some of the alleged rules violated rules 32:8.4 ( d.... N.W.2D 825, 82728 ( Iowa 2020 ) ( quoting Noel, 923 at! Court has ruled on the matter court about his prior criminal work experience, 69 ( Iowa 2019 ).! Commission, the Board, Appellee, v. Andrew Gatton Aeilts, Appellant his of!
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