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. 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. Ct. Att'y Disciplinary Bd. Aeilts argues lack of harm to clients is a significant mitigating factor for his actions. 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. 21-0774 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. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. The parties waived a formal hearing and submitted the matter on the basis of a Partial Stipulation. An attorney's conduct is prejudicial to the administration of justice when it violates the well-understood norms and conventions of the practice of law such that it hampers the efficient and proper operation of the courts or of ancillary systems upon which the courts rely.. We also note that Fisher admitted to wrongdoing for some of the Board's charges either in his answer or during the proceedings. v. McCarthy, 814 N.W.2d 596, 611 (Iowa 2012) (imposing a two-year suspension for neglect, trust account violations, withdrawal, and other violations). Write to your lawyer and ask for a written explanation. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. The court sentenced Aeilts to three days in the Wayne County Jail and a $315 fine on the Malicious Prosecution charge. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of I didn't know the elements of harassment. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. If it determines the violation was of a more serious nature, it may recommend a public reprimand to the Supreme Court or the Board itself may become the complainant in a proceeding before the Grievance Commission. Ct. Att'y Disciplinary Bd. 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. The lawyer must promptly and completely account for a clients money. WebThe first is the Attorney Disciplinary Board. booklet to help you choose and work well with a lawyer. You should consult with an attorney to protect your legal rights and determine the nature of your legal responsibilities. Ten were misdemeanor OWIs; two were felonies. We revoked Postma's license. We tax the costs of this action to Fisher in accordance with Iowa Court Rule 36.24(1). A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. Fisher also failed to meet various deadlines and inform clients of important updates in their cases. Iowa Sup. They then issue a Finding of Fact and Recommendation of Sanction. County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. The court placed Aeilts on supervised probation for one year, imposed a civil penalty, and required Aeilts to complete fifteen hours of unpaid community service. v. Wheeler, 824 N.W.2d 505, 509 (Iowa 2012). The Board may dismiss the complaint or impose a private admonition. Once the complaint is filed by the ADB, the following procedure then takes place: 2023 Iowa Judicial Branch. His actions reveal a disrespect for the law and law enforcement. 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. Although he said he had never even handled a simple assault, he had actually represented clients for assault in two separate criminal cases. 21-0774 The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. On February 7, 2017, Michelle Curry hired Fisher to represent her in a marriage dissolution. 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). After telling Officer Donelson about Cornelison's alleged threats, he specifically requested that harassment charges be brought against Cornelison. Whether Aeilts was requesting a simple misdemeanor harassment charge or an indictable harassment charge, he still made misrepresentations to the police with potentially serious criminal consequences for Cornelison. WebAttorney Discipline Complaint Against a Lawyer As part of its responsibility to supervise lawyers and in the interest of promoting public confidence in the legal system, the Iowa Supreme Court has procedures for addressing complaints concerning alleged violations of the Iowa Rules of Professional Conduct. We respectfully consider the commission's factual findings and recommendations but we are not bound by them. I did not know -- I was not a criminal attorney -- that to get a no-contact order from law enforcement it required criminal charges. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. (quoting Iowa Sup. This standard is more demanding than proof by a preponderance of the evidence but less demanding than proof beyond a reasonable doubt. Id. Aeilts also argues his conduct occurred over a short three-week period, and therefore, the temporal overlap is a mitigating factor. All Rights Reserved. Most complaints that involve the behavior of an attorney outside the practice of law, such as rudeness, the use of profanity, landlord-tenant disputes and debtor-creditor matters, are not within the Boards jurisdiction. See Iowa Sup. (omission in original) (quoting Iowa Sup. Curt N. Daniels, Chariton, This is a review of an attorney disciplinary proceeding against the respondent, Scott D. Fisher, currently of Apex, North Carolina (formerly of Waukee, Iowa), an attorney admitted to practice law in Iowa since 2007. 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 572. No. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Id. At the time of the facts giving rise to this case, I was not a criminal defense attorney. and J.B.W. Under Ramey, an attorney who misrepresents the truth based on a sloppy or casual unawareness of the truth must still be held accountable. No. at 513. 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. I had handled maybe two or three OWIs. While an ethics complaint and subsequent proceeding can be extremely unsettling, attorneys must be mindful and maintain respect throughout the entire disciplinary process. A lawyer is an adult, a man or woman of the world, not a child. Ct. Att'y Disciplinary Bd. If you are dissatisfied, let your lawyer know why. 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). Id. Under rule 32:8.4(d), It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice. Iowa R. Prof'l Conduct 32:8.4(d). However, we give the commission deference to their factual findings, especially with regard to findings of demeanor and credibility of witnesses. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. Fee arbitration is an alternative method of resolving a fee dispute. Rhinehart, 827 N.W.2d at 180 (quoting Iowa Sup. Ct. Att'y Disciplinary Bd. The Grievance Commission is made up of members that are geographically and gender-balanced. 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. The number of violations across several ethics rules and aggravating circumstances warrants a lengthy suspension. Aeilts's malicious attempt to send Cornelison to jail in an effort to prevent him from filing an ethics complaint against Aeilts displays his lack of honesty and reflects adversely on his fitness as a lawyer. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. Ct. Att'y Disciplinary Bd. Ct. Bd. Id. Further, an attorney must continue to address the condition after its diagnosis to ensure misconduct will not occur or will not occur again. If you do not get a satisfactory reply, you may file a complaint. Lawyers are required to be reasonably prompt and to keep clients reasonably informed. Cornelison denied making any threats against Aeilts and provided a recording of the conversation as proof. This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. Nor does Committee on Professional Ethics & Conduct of The Iowa State Bar Association v. Ramey, 512 N.W.2d 569 (Iowa 1994) (en banc), help Aeilts's case. 32:8.4 ( d ) voters, not the Board, for complainant and maintain respect throughout entire! 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