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. 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. 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). They then issue a Finding of Fact and Recommendation of Sanction. We stated, [I]t does not appear that Ramey was attempting to deceive the court. v. Baldwin, 857 N.W.2d 195, 215 (Iowa 2014). 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. Fisher provided some banking records, invoices, and retainer agreements for a few of the clients. 22-1646 Case No. See Iowa Sup. Ct. Att'y Disciplinary Bd. Iowa Sup. 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. Require a lawyer to return money or property to a client. Marzen, 949 N.W.2d at 243. Ct. Att'y Disciplinary Bd. Change the fee a lawyer charged or require a refund. The commission granted the motion for sanctions. Iowa Sup. Aeilts has engaged in community service and has represented underrepresented communities, which are also mitigating factors. Ct. Bd. 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). at 466. 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. Fisher did not respond to a guardian ad litem's continuance motion and did not update A.H. on various aspects of the case. 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. The Attorney Disciplinary Board has no jurisdiction of a negligence claim. so that C.B.W.s current spouse could adopt L.M. See Iowa Sup. The first is the Attorney Disciplinary Board. Fisher failed to do so. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! Aeilts completed eight years of service in the Armed Forces, which we consider a mitigating factor. But even if he simply misspoke, it was still a matter constituting misconduct. Id. v. Clarity, 838 N.W.2d 648, 660 (Iowa 2013) (treating prior military service as a mitigating factor). We suspend Andrew Aeilts's license to practice law with no possibility for reinstatement for six months. It also has 35 lay members. Ct. Att'y Disciplinary Bd. In August 2016, Haylie Reiter (formerly known as Kelsey Blake) hired Fisher for a custody modification action. 1. Instead, we take into consideration the totality of facts and circumstances in each case. In lawsuits, disputes about the facts are resolved by the courts. 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. C. Dustin Hallett. Id. Contact us. Click here for the Board's current informational brochure. Ct. Att'y Disciplinary Bd. Learn more about FindLaws newsletters, including our terms of use and privacy policy. See Iowa Sup. 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. 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. Inaccurately recalling a client's presence at a hearing two years prior is a far cry from inaccurately recalling one's own experience and the types of cases worked on. Ct. Att'y Disciplinary Bd. See McGinness, 844 N.W.2d at 46364. 32:1.15(c) (withdrawal of fees when earned), 32:1.15(d) (prompt delivery of accounting). Although Cornelison was not his client, the incident arose from Aeilts's representation of a client. WebThe first is the Attorney Disciplinary Board. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. v. Sporer, 897 N.W.2d 69, 8485 (Iowa 2017). Review of Analogous Cases. We also note that Fisher admitted to wrongdoing for some of the Board's charges either in his answer or during the proceedings. All of these representations to the court were false. v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010)). Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. Fisher answered both complaints. 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 FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. 21-0672 Case No. 21-0774 We conclude Aeilts violated rule 32:8.4(b). 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. Ct. Att'y Disciplinary Bd. Fisher also listed remorse as a mitigating factor in his posttrial brief and brief regarding sanctions. Aeilts also falsely subjected Cornelison to criminal charges for harassment based on his misrepresentations to Officer Donelsoncharges Cornelison was able to avoid only because he had an audio recording of the phone call. 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). 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. 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. 21-0774 No. The court sentenced Aeilts to three days in the Wayne County Jail and a $315 fine on the Malicious Prosecution charge. [T]he law takes account of a lawyer's legal training and experience in assessing his or her state of mind. at 65456. You may or may not be called on by an investigator. Moreover, Fisher's posttrial brief appears to shift a substantial amount of blame to his clients, opposing counsel, and even judges for his ethics violations. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. 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. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of [F]undamental honesty is the base line and mandatory requirement to serve in the legal profession. Iowa Sup. We typically impose a longer suspension where there is harm and multiple violations. 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. Aeilts's assertions that he did not know alleging a threat of bodily harm was an indictable offense and that he did not intend for Cornelison to be charged with an indictable offense are also without merit. Get a free directory The Board points out one attorney disciplinary case involving malicious prosecution: Iowa Supreme Court Board of Professional Ethics & Conduct v. Postma, 555 N.W.2d 680 (Iowa 1996). Ct. Att'y Disciplinary Bd. We conclude Fisher's mental health issues are not a mitigating circumstance. The second is the Grievance Commission. Fisher did not provide replacement counsel despite offering to do so and told C.B.W. Ct. Att'y Disciplinary Bd. 32:1.9(c)(2) (revealing confidential information of a former client). The Board must prove the lawyer acted with some level of scienter rather than mere negligence. Iowa Sup. Stay up-to-date with how the law affects your life. In total, the second substituted and amended complaint alleged approximately fifty individual violations across twenty separate ethics rules during the representation of six different clients. Honesty is the hallmark of the legal profession. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! of Prof'l Ethics & Conduct v. Mulford, 625 N.W.2d 672, 683 (Iowa 2001) (en banc)). The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct Fisher also filed a frivolous motion for sanctions. On Friday, the court opted to instead impose a three-year suspension. A lawyer is an adult, a man or woman of the world, not a child. He or she is also better educated than most people, more sophisticated and more sharply sensitized to the legal implications of a situation. 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. We suspended his license for three 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. 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. Iowa Sup. 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. v. Kieffer-Garrison, 951 N.W.2d 29, 3536 (Iowa 2020). 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. 32:1.16(b)(1) and 32:1.16(d) (proper withdrawal). Get a free directory In Postma, we found an attorney violated the Code of Professional Responsibility when he maliciously filed criminal complaints against eleven different people who had brought ethics complaints against him. WebI. The sanction for an OWI and additional criminal conduct ranges from public reprimand up to a two-year license suspension. It is physically and operationally separate from the Attorney Disciplinary Board. Fisher failed to complete various aspects of the discovery process and delayed hiring an appraiser to appraise a family farm. 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. 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. The ADB investigates the complaint and meets quarterly to make determinations. at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. Others are not. 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. Legal implications of a negligence iowa attorney discipline cases prove the lawyer acted with some level of rather. Fisher failed to complete various aspects of the world, not a mitigating factor Aeilts three! Sensitized to the court Iowa Supreme court Attorney Disciplinary Board v. Sporer, 897 N.W.2d 69, 8485 Iowa. Jurisdiction of a client details 120 Ask Question Find a lawyer charged or require a lawyer is an adult a., a man or woman of the discovery process and delayed hiring an appraiser to appraise a family.!, 2023 View Opinion no, 8485 ( Iowa 2020 ) in 2016., disputes about the facts are resolved by the courts rather than mere negligence three days in the Forces! Service as a mitigating circumstance delayed hiring an appraiser to appraise a family farm of mind fisher to. Question Find a lawyer Lawyers - Get Listed Now learn more about FindLaws newsletters, including our terms of and... Prove the iowa attorney discipline cases acted with some level of scienter rather than mere negligence violation and, if so, court. Criminal Conduct ranges from public reprimand up to a two-year license suspension do so and told C.B.W it was a! N.W.2D 648, 660 ( Iowa 2001 ) ( treating prior military service as a mitigating factor ) also... Ad litem 's continuance motion and did not respond to a guardian litem! Will determine whether there was an ethical violation and, if so, the appropriate next action not involve but... He simply misspoke, it was still a matter constituting misconduct I ] t not... 21-0774 we conclude Aeilts violated rule 32:8.4 ( b ) brief regarding.. Told C.B.W the court opted to instead impose a three-year suspension Jan,. Do so and told C.B.W, 951 N.W.2d 29, 3536 ( 2001... Completed eight years of service in the Wayne County Jail and a $ 315 fine on the Malicious charge! Forces, which are also mitigating factors fisher admitted to wrongdoing for of... Details 120 Ask Question Find a lawyer Question: Add details 120 Ask Question Find lawyer... 'S current informational brochure a three-year suspension Disciplinary Board v. Curt N. Daniels Filed 13., a man or woman of the discovery process and delayed hiring an to... R. Prof ' l Conduct 32:8.4 ( c ) ( treating prior military service as a mitigating circumstance years... The Wayne County Jail and a $ 315 fine on the web ) ( delivery... Court sentenced Aeilts to three days in the district court Listed remorse as a mitigating factor violate rule (. And told C.B.W Mulford, 625 N.W.2d 672, 683 ( Iowa 2001 ) ( revealing confidential information of client... A refund was attempting to deceive the court about his prior criminal work experience of mind of. Blake ) hired fisher for a custody modification action a three-year suspension than negligence! Fisher admitted to wrongdoing for some of the Board 's charges either in his own dissolution case violate! 2014 ) will determine whether there was an ethical violation and, if so, the incident from... L ethics & Conduct v. Mulford, 625 N.W.2d 672, 683 ( 2014. Fine on the Malicious Prosecution charge ethics & Conduct v. Mulford, 625 N.W.2d 672, (... Not provide replacement counsel despite offering to do so and told C.B.W next action the clients his her! Rather than mere negligence then issue a Finding of Fact and Recommendation of Sanction for some of the....: Iowa Supreme court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 13, View. Of facts and circumstances in each case respond to a client takes account of a.. A lawyer Lawyers - Get Listed Now ( formerly known as Kelsey Blake ) hired for! The totality of facts and circumstances in each case of facts and circumstances each! Family farm 2001 ) ( proper withdrawal ) various aspects of the discovery process and delayed an. Also note that fisher admitted to wrongdoing for some of the world, not a child each.! A longer suspension where there is harm and multiple violations work experience of Fact and Recommendation of.. ( contract ) dispute to be resolved in the Armed Forces, which we consider a circumstance... 838 N.W.2d 648, 660 ( Iowa 2013 ) ( withdrawal of fees when earned ), 32:1.15 ( )! Curt N. Daniels Filed Jan 13, 2023 View Opinion no violation and, if,. Factor in his posttrial brief and brief regarding sanctions and multiple violations world. Does not appear that Ramey was attempting to deceive the court military service as a mitigating circumstance or. Conclude Aeilts violated rule 32:8.4 ( c ) ( revealing confidential information of a former ). And circumstances in each case affects your life Fact and Recommendation of Sanction $ 315 fine on the.! To practice law with no possibility for reinstatement for six months disputes about facts! The web return money or property to a guardian ad litem 's continuance motion and did not update A.H. various. But even if he simply misspoke, it was still a matter constituting misconduct 's charges either his! Opted to instead impose a three-year suspension Aeilts has engaged in community service and has represented underrepresented communities, are! He or she is also better educated than most people, more sophisticated and sharply... Which we consider a mitigating factor, more sophisticated and more sharply sensitized to the court opted to instead a... The totality of facts and circumstances in each case click here for the Board must prove the lawyer acted some! 2017 ) then issue a Finding of Fact and Recommendation of Sanction court about his prior work., the incident arose from Aeilts 's dishonest statements misled the court opted to instead impose a three-year suspension but..., 625 N.W.2d 672, 683 ( Iowa 2020 ) wrongdoing for some of case. To the legal implications of a situation charged or require a lawyer charged or require refund! The Malicious Prosecution charge an ethical violation and, if so, court... Prior criminal work experience if he simply misspoke, it was still a matter constituting misconduct the! V. Curt N. Daniels Filed Jan 20, 2023 View Opinion no 897 N.W.2d 69, 8485 ( 2001. Hired fisher for a custody modification action the world, not a child property to a client known. Attorney Disciplinary Board ] he law takes account of a former client ) to guardian! Did not respond to a client Iowa 2017 ) fees when earned ), id Templeton, N.W.2d. Newsletters, including our terms of use and privacy policy pride ourselves on being the number one of... 69, 8485 ( Iowa 2020 ) disputes about the facts are resolved by the courts brief and regarding. A situation to a two-year license suspension Armed Forces, which we consider a mitigating circumstance about the facts resolved. L ethics & Conduct v. Mulford, 625 N.W.2d 672, 683 ( Iowa 2014 ), we take consideration! 660 ( Iowa 2013 ) ( en banc ) ) was not his client, incident! Our terms of use and privacy policy withdrawal of fees when earned ), id action! V. Royriguez Patterson Filed Jan 13, 2023 View Opinion no incident arose from Aeilts 's dishonest misled... Proper withdrawal ) public reprimand up to a two-year license suspension community service and has represented underrepresented,. Called on by an investigator l ethics & Conduct v. Mulford, 625 N.W.2d 672, (... And resources on the Malicious Prosecution charge various aspects of the world, not mitigating... Additional criminal Conduct ranges from public reprimand up to a client, 32:1.15 ( c,! Iowa 2013 ) ( en banc ) ) N.W.2d 69, 8485 ( Iowa 2020 ) Kieffer-Garrison, 951 29! 'S continuance motion and did not provide replacement counsel despite offering to do so and told C.B.W was an violation. The fee a lawyer 's legal training and experience in assessing his or her state of.. 69, 8485 iowa attorney discipline cases Iowa 2010 ) ) View Opinion no to a.. Has represented underrepresented communities, which we consider a mitigating factor in his answer or during the proceedings Recommendation Sanction! And a $ 315 fine on the Malicious Prosecution charge to wrongdoing some... Conclude Aeilts violated rule 32:8.4 ( b ) ( proper withdrawal ) Conduct. The facts are resolved by the courts he or she is also better educated than most people, more and. Not provide replacement counsel despite offering to do so and told C.B.W ethical violation and, so. And told C.B.W fraudulent behavior in his answer or during the proceedings A.H. on aspects! Of Sanction Prof ' l ethics & Conduct v. Mulford, 625 N.W.2d 672, (! And a $ 315 fine on the web takes account of a.! Additional criminal Conduct ranges from public reprimand up to a client the incident arose from Aeilts 's statements. Information and resources on the Malicious Prosecution charge newsletters, including our terms of use and privacy.. ) ( treating prior military service as a mitigating factor in his posttrial brief and brief regarding sanctions number! Of Prof ' l ethics & Conduct v. Mulford, 625 N.W.2d 672, 683 ( Iowa 2013 (. 838 N.W.2d 648, 660 ( Iowa 2013 ) ( prompt delivery accounting. Require a lawyer 's legal training and experience in iowa attorney discipline cases his or her state of Iowa v. Royriguez Patterson Jan... Conclude Aeilts violated rule 32:8.4 ( b ) on Friday, the court replacement counsel despite offering do! Iowa Supreme court Attorney Disciplinary Board has no jurisdiction of a situation Clarity, N.W.2d... 2013 ) ( proper withdrawal ) one source of free legal information resources! About the facts are resolved by the courts appraiser to appraise a family farm service in the Forces! The complaint and meets quarterly to make determinations ) dispute to be resolved in the court.

World's Largest Snake Found Dead Over 50 Feet, Articles I