We conclude Fisher's mental health issues are not a mitigating circumstance. The Board filed a motion to compel on April 7. Id. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. Give documents and information to your lawyer promptly. v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010)). IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. On Friday, the court opted to instead impose a three-year suspension. We have already found Aeilts's attempt to harm Cornelison with false criminal allegations to be an aggravating factor. v. Moonen, 706 N.W.2d 391, 402 (Iowa 2005) (holding that [h]arm to others is an aggravating factor). State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. The email address cannot be subscribed. Ct. Att'y Disciplinary Bd. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. Ct. Att'y Disciplinary Bd. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct 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. 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. WebI. WebI. Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. at 68283. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. We reject Aeilts's attempt to chalk his actions up to inexperience. On July 6, the Board filed a motion for sanctions for failure to provide all of the requested trust account records, subaccount records, and notices of withdrawal of trust funds for each of the requested clients. 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. [M]isrepresentation is a serious breach of professional ethics. Id. Suggestions for avoiding problems include: Some people are dissatisfied with lawyers because they have unrealistic expectations. at 176 (recognizing that rule 32:3.3 is found in the Advocate section of the rules). WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. The first is the Attorney Disciplinary Board. 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). After conducting our review, we agree with the Board and the commission that Aeilts violated all of the alleged rules. Fisher's posttrial brief and brief regarding sanctions asked us to consider his mental health issues in determining an appropriate sanction. 21-0672 Case No. After the Iowa Supreme Court Attorney Disciplinary Board (Board) filed a complaint against the attorney, the parties reached a stipulation of facts, violations, and sanctions. v. 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). v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012))). If you change your address or phone number, let your lawyer know right away. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! In fact, Robinson did not work on the case at all. Get a free directory 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. 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. v. Muhammad, 935 N.W.2d 24, 38 (Iowa 2019)). All rights reserved. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. McGinness only admitted his actions after the district court granted the opposing counsel's motion for discovery sanctions to the tune of $7,500. Ct. Att'y Disciplinary Bd. Cases involving false statements have a wide range of sanctions. The Grievance Commission is made up of members that are geographically and gender-balanced. 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). In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. The Marion County Sheriff's Office also cited Aeilts for Failure to Maintain Control in violation of Iowa Code section 321.288(1). v. Johnson, 774 N.W.2d 496, 499, 501 (Iowa 2009) (per curiam) (suspending lawyer's license for six months for third offense OWI), overruled in part by Templeton, 784 N.W.2d at 768; Weaver, 812 N.W.2d at 13, 16 (suspending lawyer's license for two years for second offense OWI and harassment in the third degree). The 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. If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct 32:8.4(b), 32:8.4(c), and 32:8.4(d). v. Schmidt, 796 N.W.2d 33, 40 (Iowa 2011) (omission and alteration in original) (quoting Iowa Sup. so that C.B.W.s current spouse could adopt L.M. Ct. Att'y Disciplinary Bd. See McGinness, 844 N.W.2d at 46364. The commission recommended Aeilts's license to practice law be suspended for six months. Ct. Att'y Disciplinary Bd. 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 Iowa Supreme Court has granted immunity to anyone who files a complaint or gives testimony with regard to a complaint. Aeilts's conduct had the effect to mislead rather than inform and was a violation of rule 32:8.4(c). 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. The ADB investigates the complaint and meets quarterly to make determinations. An attorney's casual, reckless disregard for the truth also establishes sufficient scienter to support a violation of the rule. Iowa Sup. Review of Analogous Cases. D. J.H. 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. We give each of these cases their due weight. Here, the commission determined Fisher's remorse was not genuine repentance but in response to ethical charges. Introduction. 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. Fee arbitration is an alternative method of resolving a fee dispute. Ct. Att'y Disciplinary Bd. We turn first to Aeilts's misrepresentations during his allocution. Instead, a prosecutor from another county handled Aeilts's case. 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. at 65758. at 513. He also changed his routine to manage his anxiety. Aeilts replied he did not but that he was not afraid to testify and informed Donelson that Cornelison had a criminal history. The Board must prove the lawyer acted with some level of scienter rather than mere negligence. Iowa Sup. at 57172. 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. Curt N. Daniels, Chariton, However, because we review attorney disciplinary matters de novo, we address each alleged violation. Ct. Att'y Disciplinary Bd. 32:1.15(c) (withdrawal of fees when earned), 32:1.15(d) (prompt delivery of accounting). v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. 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. Ct. Att'y Disciplinary Bd. 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