Less than an hour later, Aeilts blew a .122 on a breathalyzer. Depending on the severity of the misrepresentations, [this Court] ha[s] imposed sanctions ranging from reprimand to license revocation. Id. v. Kieffer-Garrison, 951 N.W.2d 29, 38 (Iowa 2020) (holding the court generally subjects attorneys who actively disregard this fundamental baseline [of honesty] to sanctions ranging from six-month license suspension to revocation); Beauvais, 948 N.W.2d at 518 (suspending lawyer for three months for falsely claiming to the court and opposing counsel that his client had accepted a settlement and misrepresenting to his client that she would be punished by the court if she did not sign the settlement agreement). On May 21, the commission granted the motion and ordered Fisher to provide documents related to the request within fourteen days of the order. See Iowa Sup. Against the mitigating factors present in this case we balance any aggravating factors. The ADB can dismiss meritless complaints and can issue certain types of discipline. 21-0672 Case No. Ct. Att'y Disciplinary Bd. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. Ct. Att'y Disciplinary Bd. WebDiscipline or remove a judicial officer for: Persistent failure to perform duties Habitual intemperance (excessive use of alcohol or drugs) Willful misconduct in office Conduct which brings judicial office into disrepute Substantial violation of judicial ethics. Characterizing his conduct as an extraordinary one-time occurrence that is out of character for him, we suspended his license for six months to protect the integrity of the judicial system and the lawyers who work within it. Id. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Scott D. FISHER, Respondent. 32:3.4(d) (diligence with regard to discovery). Contact us. v. Bartley, 860 N.W.2d 331, 337 (Iowa 2015). 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). at 572. I didn't know the elements of harassment. The nature of those violations is also an aggravating factor. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. 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. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). The court sentenced Aeilts to three days in the Wayne County Jail and a $315 fine on the Malicious Prosecution charge. 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. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. 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. Aeilts committed multiple rule violations involving conduct from two unrelated events. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. 21-0672 Case No. 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. Id. We consider these cases in assessing an appropriate suspension in this case. 2023 Iowa Judicial Branch. Andrew Aeilts was admitted to practice law in Iowa in 2015. The fact that some clients were ultimately successful in their legal proceedings does not justify the stress that they endured during the attorneyclient relationship with Fisher. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. Id. North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. Based on these violations, the commission recommended a suspension of one year. Fisher and the Board did not contest the commission's legal conclusions. v. Suarez-Quilty, 912 N.W.2d 150, 158 (Iowa 2018), a fact we think is clear from the record of Aeilts's allocution. One's fitness to practice law is determined by more than one's competency in legal matters. Regardless of whether anyone was actually harmed, Aeilts's conduct was an aggravating, not a mitigating, factor for Aeilts's actions in this case. Ct. Att'y Disciplinary Bd. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Ct. Att'y Disciplinary Bd. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. 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. The commission granted the motion for sanctions. 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. 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. Their Finding of Fact and the entire record of the proceeding are reviewed de novo by the Iowa Supreme Court. 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. An attorney's casual, reckless disregard for the truth also establishes sufficient scienter to support a violation of the rule. Iowa Sup. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Fisher also failed to meet various deadlines and inform clients of important updates in their cases. All rights reserved. v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010)). Fisher failed to do so. 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. Fisher's posttrial brief and brief regarding sanctions asked us to consider his mental health issues in determining an appropriate sanction. Ct. Att'y Disciplinary Bd. A lawyer owes a client undivided loyalty, unburdened by the interests of other clients or the lawyers own personal interest. Donelson contacted Cornelison during his investigation. We disagree. Only flagrant abuses will result in discipline and usually only after a court has ruled on the matter. However, because we review attorney disciplinary matters de novo, we address each alleged violation. We need not decide whether Aeilts intentionally misled the court. 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. Fisher and the Board did not contest the commission's factual findings. If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. We have already found Aeilts's attempt to harm Cornelison with false criminal allegations to be an aggravating factor. 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 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. 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. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. On February 7, 2017, Michelle Curry hired Fisher to represent her in a marriage dissolution. Attorney & Client 103, at 24 (2015)). v. Blessum, 861 N.W.2d 575, 591 (Iowa 2015). Aeilts argues that prior cases involving frivolous filings are more comparable to his case. 32:1.5(a) (unreasonable fee agreement). Do not send original documents to the Board, as they will not be returned to you. 45.2(3)(c) (types of acceptable records for funds). of Prof'l Ethics & Conduct v. Mulford, 625 N.W.2d 672, 683 (Iowa 2001) (en banc)). It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. I had never handled anything else. 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. Most complaints are filed by clients, but this is not a requirement. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. v. Wheeler, 824 N.W.2d 505, 509 (Iowa 2012). and J.B.W. v. Baldwin, 857 N.W.2d 195, 215 (Iowa 2014). 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. Under Ramey, an attorney who misrepresents the truth based on a sloppy or casual unawareness of the truth must still be held accountable. 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 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. 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. Recognizing the potential for someone to not have perfect recollection of an event, we remarked that the inability of a person to accurately recall an event does not necessarily lead to the conclusion that the person's inaccurate recollection is an expression of dishonesty or deceit. Id. Iowa Sup. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! 45.2(3)(a) (complete records of funds and other property). Ask your lawyer what to expect. E. A.H. On September 1, 2017, A.H. and Fisher entered into an attorneyclient relationship. But Aeilts's conduct was not limited to a three-week timeframe; Aeilts misrepresented his professional experience to the court during his allocution over a year after he made the false police report. The second is the Grievance Commission. 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 See Iowa Sup. 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. WebOral Argument Schedule. v. Noel, 923 N.W.2d 575, 582 (Iowa 2019). This standard is more demanding than proof by a preponderance of the evidence but less demanding than proof beyond a reasonable doubt. Id. Ct. Att'y Disciplinary Bd. Click here for the Board's current informational brochure. 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. It can order mental or physical examination or treatment. Id. However, we give the commission deference to their factual findings, especially with regard to findings of demeanor and credibility of witnesses. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. The ADB investigates the complaint and meets quarterly to make determinations. [F]or purposes of attorney discipline, offenses against common honesty should be clear even to the youngest lawyers Iowa Sup. Aeilts argues lack of harm to clients is a significant mitigating factor for his actions. Upon our de novo review of the record, we suspend Fisher's license for one year. After conducting our review, we agree with the Board and the commission that Aeilts violated all of the alleged rules. Please try again. 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. 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. Aeilts ultimately tendered an Alford1 plea to the Malicious Prosecution charge in exchange for dismissal of the False Reporting charge. See Iowa Sup. No. Curt N. Daniels, Chariton, 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. 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). The Iowa Supreme Court has granted immunity to anyone who files a complaint or gives testimony with regard to a complaint. A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer. WebCase No. v. Moonen, 706 N.W.2d 391, 402 (Iowa 2005) (holding that [h]arm to others is an aggravating factor). Resolve claims of ineffective assistance of counsel or violation of constitutional rights in a criminal proceeding. 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. booklet to help you choose and work well with a lawyer. Hopeful we can work something out, and And hopeful we can do so quickly and quietly if possible.. We considered his cooperation with the Board, completion of substance abuse and mental health treatment, and his acceptance of responsibility as mitigating factors. What are the unpredictable factors? v. Sporer, 897 N.W.2d 69, 8485 (Iowa 2017). In lawsuits, disputes about the facts are resolved by the courts. [M]isrepresentation is a serious breach of professional ethics. Id. Instead, we take into consideration the totality of facts and circumstances in each case. 45.7(4) (notification of fee withdrawal). 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. 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. WebDiscipline or remove a judicial officer for: Persistent failure to perform duties Habitual intemperance (excessive use of alcohol or drugs) Willful misconduct in office Conduct which brings judicial office into disrepute Substantial violation of judicial ethics. See Iowa Sup. B. Mitigating and Aggravating Factors. Ct. Att'y Disciplinary Bd. We do not apply a standard sanction in particular types of attorney disciplinary cases. v. Clarity, 838 N.W.2d 648, 660 (Iowa 2013) (treating prior military service as a mitigating factor). No. The Grievance Commission is made up of members that are geographically and gender-balanced. Fisher later revealed Reiter's outstanding legal fees in a publicly viewable online exchange. The commission's report recommended that we suspend Fisher's license to practice law for one year. A lawyer may violate rule 32:8.4(c) when he fails to disclose a material fact. A lawyer might handle a matter in a way that is inadequate but not unethical. We reject Aeilts's arguments that his misrepresentations to the court were not knowing or intentional but due to his negligence and incompetence. 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. at 467. The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. 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. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. WebOral Argument Schedule. 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. Stay up-to-date with how the law affects your life. 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. A. Haylie Reiter. C. Dustin Hallett. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. AEILTS. WebI. Id. A complainant need not be a US citizen. Learn more about FindLaws newsletters, including our terms of use and privacy policy. At the time of his allocution, Aeilts had only been practicing for five years. Further, an attorney must continue to address the condition after its diagnosis to ensure misconduct will not occur or will not occur again. Aeilts's conduct had the effect to mislead rather than inform and was a violation of rule 32:8.4(c). A lawyer is an adult, a man or woman of the world, not a child. We also stress that the misconduct impacted children through custody modification or termination actionspractice areas which Fisher held out as being his expertise. Fisher's legal practice showed a clear pattern of misconduct across several clients. 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! We suspend Andrew Aeilts's license to practice law with no possibility for reinstatement for six months. 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. We agree with the commission's legal conclusions based on our analysis of the record. so that C.B.W.s current spouse could adopt L.M. WebOral Argument Schedule. 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. Iowa Sup. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. 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 created procedures for addressing complaints concerning alleged violations of the Rules of Professional Conduct. This suspension applies to all facets of the practice of law as provided in Iowa Court Rule 34.23(3), and Fisher must notify any remaining clients as outlined in Iowa Court Rule 34.24. Honesty is the hallmark of the legal profession. Iowa Sup. A. Iowa Rule of Professional Conduct 32:8.4(b). I had handled maybe two or three OWIs. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. All Rights Reserved. Aeilts completed eight years of service in the Armed Forces, which we consider a mitigating factor. Moreover, much of the misconduct occurred after his last visit with his psychiatrist. 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. In Rhinehart, we determined that rule 32:3.3 target[s] only the conduct of an attorney while serving as an advocate representing a client. Id. 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. Such a system often produces different versions of the facts in lawsuits and a certain amount of hard feelings. This led to more continuances and an order to show cause against Fisher. at 176 (recognizing that rule 32:3.3 is found in the Advocate section of the rules). The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. Curt N. Daniels, Chariton, Id. v. Watkins, 944 N.W.2d 881, 893 (Iowa 2020). 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! 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. 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). On Friday, the court opted to instead impose a three-year suspension. Ct. Att'y Disciplinary Bd. I did not know -- I was not a criminal attorney -- that to get a no-contact order from law enforcement it required criminal charges. Iowa Sup. 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. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. , you may file a complaint attorneyclient relationship, and Omaha Stem Cells iowa attorney discipline cases LLC, and Omaha Cells. Was a violation of rule 32:8.4 ( b ) or casual unawareness of the rule the! A man or woman of the evidence but less demanding than proof by a complaint,! 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