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! Make sure you have an agreement about your lawyers fees, in writing if possible. 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). v. Turner, 918 N.W.2d 130, 156 (Iowa 2018). Iowa Sup. Click here for the Board's current informational brochure. 21-0774 The Grievance Commission holds fact-finding hearings on ethical complaints not able to be resolved through the ADB process. You should consult with an attorney to protect your legal rights and determine the nature of your legal responsibilities. 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. v. Haskovec, 869 N.W.2d 554, 560 (Iowa 2015). Aeilts's appeal centers on whether he violated rule 32:8.4(c) by misrepresenting facts to Officer Donelson and misrepresenting his experience to the sentencing court. Ct. Att'y Disciplinary Bd. 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. 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. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. We suspend Fisher from the practice of law without the possibility of reinstatement for one year. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Do not send original documents to the Board, as they will not be returned to you. Fisher also failed to respond to several inquiries from Curry about discovery or the appraiser. [F]undamental honesty is the base line and mandatory requirement to serve in the legal profession. v. Beauvais, 948 N.W.2d 505, 515 (Iowa 2020) (quoting Iowa Sup. Fisher provided some banking records, invoices, and retainer agreements for a few of the clients. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. Recent Iowa ethics opinions and orders suggest the following areas in which Iowa lawyers are more likely to experience difficulty, and prompt the following advice: The attorney disciplinary process in Iowa involves two separate entities. No. 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. at 338 (quoting Iowa Sup. If you change your address or phone number, let your lawyer know right away. We reject Aeilts's attempt to chalk his actions up to inexperience. at 467. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. v. Springer, 904 N.W.2d 589, 597 (Iowa 2017) (quoting Iowa Sup. 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. 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 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). Stay up-to-date with how the law affects your life. Many problems can be prevented if you know what to expect from lawyers and how to deal with lawyers. He also changed his routine to manage his anxiety. In 1998, the Iowa Supreme Court Attorney Disciplinary Board admonished OBrien for advertising specific, primary practice areas of personal injury law, automobile accidents, work accidents, and slip-and-fall accidents without having filed a certificate of eligibility as to those areas of practice. 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. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. How long will the matter take? Ct. Att'y Disciplinary Bd. 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 nature of Aeilts's conduct is an aggravating factor in this case. While an ethics complaint and subsequent proceeding can be extremely unsettling, attorneys must be mindful and maintain respect throughout the entire disciplinary process. Id. at 65456. We review attorney disciplinary proceedings de novo. 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. Contact us. so that C.B.W.s current spouse could adopt L.M. Ct. Att'y Disciplinary Bd. 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. In lawsuits, disputes about the facts are resolved by the courts. 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. at 466. Iowa Sup. 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). In summary, we conclude Aeilts violated rules 32:8.4(b), 32:8.4(c), and 32:8.4(d). Ct. Att'y Disciplinary Bd. Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. 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. Ct. Att'y Disciplinary Bd. at 683. Ct. Att'y Disciplinary Bd. Id. 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. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. v. Watkins, 944 N.W.2d 881, 893 (Iowa 2020). F. C.B.W. 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 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. Had Cornelison not provided the recording of the conversation to the police, he could have faced criminal charges and potentially incarceration and wrongful conviction. 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). Fisher also failed to meet various deadlines and inform clients of important updates in their cases. Although Cornelison was not his client, the incident arose from Aeilts's representation of a client. Click here for the Board's current informational brochure. 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. 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. 32:8.4(d) (misconduct prejudicial to justice). We considered his cooperation with the Board, completion of substance abuse and mental health treatment, and his acceptance of responsibility as mitigating factors. Upon our de novo review of the record, we suspend Fisher's license for one year. 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). Aeilts pleaded guilty to the Operating While Intoxicated Charge on June 13, 2019, and the court granted a deferred judgment on July 26. v. Muhammad, 935 N.W.2d 24, 38 (Iowa 2019)). v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012))). 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. Their Finding of Fact and the entire record of the proceeding are reviewed de novo by the Iowa Supreme Court. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct We reject his insistence that his statements to the court that he was not a criminal attorney and had handled maybe two or three OWIs were inaccurate off-the-cuff statements made in the heat of the moment when he was under stress in response to the prosecution's request for a heavier sentence. 32:1.5(a) (unreasonable fee agreement). 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). The Board recommends a six-month suspension, while Aeilts asks for thirty days. Give documents and information to your lawyer promptly. [M]isrepresentation is a serious breach of professional ethics. Id. In his answer, Fisher admitted to some trust account violations under Iowa Rules of Professional Conduct 32:1.15(c) (withdrawal of fees only when earned) and 32:1.15(f) (trust accounting governed under chapter 45), and under Iowa Court Rules 45.2(3)(c) (types of acceptable records for trust funds) and 45.7(4) (notification of fee withdrawal from trust funds). Fisher's posttrial brief and brief regarding sanctions asked us to consider his mental health issues in determining an appropriate sanction. Fisher failed to complete various aspects of the discovery process and delayed hiring an appraiser to appraise a family farm. Copyright 2023, Thomson Reuters. 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. 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. v. Barry, 762 N.W.2d 129, 139 (Iowa 2009)). 21-0774 No. About how much will it cost? Instead, a prosecutor from another county handled Aeilts's case. Ct. Att'y Disciplinary Bd. Aeilts argues that prior cases involving frivolous filings are more comparable to his case. Click here for the Board's current informational brochure. We stated, [I]t does not appear that Ramey was attempting to deceive the court. We agree with the commission's analysis of the aggravating and mitigating circumstances. Ct. Att'y Disciplinary Bd. v. Meyer, 944 N.W.2d 61, 69 (Iowa 2020)). (quoting Templeton, 784 N.W.2d at 767). 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. Lawyers are required to be reasonably prompt and to keep clients reasonably informed. All rights reserved. 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! This suspension applies to all facets of the practice of law. Others are not. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! 32:3.4(d) (diligence with regard to discovery). The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Ct. Att'y Disciplinary Bd. On May 21, the commission granted the motion and ordered Fisher to provide documents related to the request within fourteen days of the order. 2023 Iowa Judicial Branch. 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. No. at 180. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. 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. Ct. Att'y Disciplinary Bd. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. 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. See Iowa Sup. The Iowa Supreme Court has granted immunity to anyone who files a complaint or gives testimony with regard to a complaint. Aeilts ultimately tendered an Alford1 plea to the Malicious Prosecution charge in exchange for dismissal of the False Reporting charge. On February 7, 2017, Michelle Curry hired Fisher to represent her in a marriage dissolution. After conducting our review, we agree with the Board and the commission that Aeilts violated all of the alleged rules. Please try again. 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. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct No. 2017) (per curiam) (noting inexperience will generally not be a mitigating factor in cases involving dishonesty)). 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. Aeilts completed eight years of service in the Armed Forces, which we consider a mitigating factor. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. Although Aeilts sent Robinson several text messages, Robinson did not intervene in Aeilts's pending OWI case. at 36. We agree with the commission that Aeilts's conduct in texting Robinson did not interfere with or prejudice the administration of justice and did not violate rule 32:8.4(d). Instead, it is enough that Aeilts made the false statements with a casual, reckless disregard for the truth. Marzen, 949 N.W.2d at 239 (quoting Muhammad, 935 N.W.2d at 28). All rights reserved. Depending on the severity of the misrepresentations, [this Court] ha[s] imposed sanctions ranging from reprimand to license revocation. Id. 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. We have already found Aeilts's attempt to harm Cornelison with false criminal allegations to be an aggravating factor. When assessing whether a lawyer has violated rule 32:8.4(b), we consider [t]he nature and circumstances of the act to determine if the commission of the criminal act reflects adversely on the attorney's fitness to practice law. Iowa Sup. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Aeilts appealed. 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 Ct. Att'y Disciplinary Bd. at 513. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. The Board is not funded by the taxpayers of Iowa. A lawyer might handle a matter in a way that is inadequate but not unethical. 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. 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.
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