Ct. Att'y Disciplinary Bd. In summary, we conclude Aeilts violated rules 32:8.4(b), 32:8.4(c), and 32:8.4(d). County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. Finally, we reject Aeilts's assertion that his lack of experience is a mitigating factor. 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. Aeilts also argues his conduct occurred over a short three-week period, and therefore, the temporal overlap is a mitigating factor. 32:1.15(c) (withdrawal of fees when earned), 32:1.15(d) (prompt delivery of accounting). Id. This suspension applies to all facets of the practice of law. 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). An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. 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. Attorney Andrew Aeilts appears before us after: receiving an OWI, falsely reporting a crime, and misrepresenting his professional experience during allocution to the court sentencing him on the resulting malicious prosecution charge in an effort to excuse his conduct. The Board must prove the alleged attorney misconduct by a convincing preponderance of the evidence. Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). See Iowa Sup. The parties waived a formal hearing and submitted the matter on the basis of a Partial Stipulation. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. Make sure you have an agreement about your lawyers fees, in writing if possible. v. Deremiah, 875 N.W.2d 728, 737 (Iowa 2016). Fisher failed to do so. Our considerations include the nature of the violations, the need for deterrence, protection of the public, maintenance of the reputation of the bar as a whole, and the attorney's fitness to continue practicing law, as well as any aggravating or mitigating circumstances. Iowa Sup. The commission granted the motion for sanctions. 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. 45.2(3)(c) (types of acceptable records for funds). The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct 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. 21-0672 Case No. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. While Aeilts's conduct is not as egregious as Postma's, which led to the revocation of his license, his false accusations that could have subjected Cornelison to criminal charges are more serious than Postma's filing of frivolous civil claims. 22-1646 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. We agree with the commission that Aeilts's conduct during his allocution violated rule 32:8.4(c). However, we give the commission deference to their factual findings, especially with regard to findings of demeanor and credibility of witnesses. Aeilts completed eight years of service in the Armed Forces, which we consider a mitigating factor. at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. 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. I had never handled anything else. Sue a lawyer for careless work, or do work a lawyer failed to do. The disciplinary and complaint process is funded by an assessment on all lawyers admitted to the practice of law in Iowa. Id. A lawyer owes a client undivided loyalty, unburdened by the interests of other clients or the lawyers own personal interest. 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! No. We consider these cases in assessing an appropriate suspension in this case. Fisher took daily medication of Prozac and Xanax. 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. At no point during the three-minute-and-thirty-two-second audio recording did Cornelison make any threats that he was going to physically assault or harm Aeilts. v. Moonen, 706 N.W.2d 391, 402 (Iowa 2005) (holding that [h]arm to others is an aggravating factor). Ct. Att'y Disciplinary Bd. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. 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. Many problems can be prevented if you know what to expect from lawyers and how to deal with lawyers. 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. Meyer, 944 N.W.2d 61, 69 (Iowa 2020)). Although Cornelison was not his client, the incident arose from Aeilts's representation of a client. The commission's report recommended that we suspend Fisher's license to practice law for one year. v. Noel, 923 N.W.2d 575, 582 (Iowa 2019). Ct. Att'y Disciplinary Bd. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. Ct. Att'y Disciplinary Bd. v. Stoller, 879 N.W.2d 199, 212 (Iowa 2016) (quoting 7A C.J.S. The Board requested any fee agreements, all trust account records, all subaccount records, and all notices sent to clients upon withdrawal of funds held in trust with regards to Reiter, Curry, A.H., and C.B.W. On October 1, Aeilts was charged with Malicious Prosecution in violation of Iowa Code section 720.6 and with False Report of an Indictable Offense to a Public Entity in violation of Iowa Code section 718.6(1) for his conduct related to pressing harassment charges against Cornelison. 32:1.5(a) (unreasonable fee agreement). Ct. Att'y Disciplinary Bd. The Board has prepared a booklet to help you choose and work well with a lawyer. at 78788. What are the unpredictable factors? 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. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. 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). booklet to help you choose and work well with a lawyer. Ct. Att'y Disciplinary Bd. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. Based on Aeilts's violations and the aggravating and mitigating factors in this case, we agree with the Board and the commission that Aeilts's license should be suspended for six months. 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. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. v. Watkins, 944 N.W.2d 881, 893 (Iowa 2020). 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. We review attorney disciplinary proceedings de novo. at 513. 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. Ct. Att'y Disciplinary Bd. Fisher hired a process server but either lost or never obtained proof of service. 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. 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. We also stress that the misconduct impacted children through custody modification or termination actionspractice areas which Fisher held out as being his expertise. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. Introduction. 21-0672 Case No. The commission pointed to several instances within the record where Fisher examined individuals on irrelevant issues. Such a system often produces different versions of the facts in lawsuits and a certain amount of hard feelings. Fisher's legal practice showed a clear pattern of misconduct across several clients. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Ct. Att'y Disciplinary Bd. 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 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 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). News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! 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). I had never handled a harassment charge. Cases involving false statements have a wide range of sanctions. so that C.B.W.s current spouse could adopt L.M. But even if he simply misspoke, it was still a matter constituting misconduct. Id. See Iowa Sup. Ct. Att'y Disciplinary Bd. The ADB investigates the complaint and meets quarterly to make determinations. 21-0774 Aeilts's argument also ignores the serious potential ramifications of his conduct to an innocent person as well as to the criminal justice system. He stopped regularly meeting with a psychiatrist in March 2017 but still takes medication. The second is the Grievance Commission. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. All Rights Reserved. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. WebI. The Iowa Supreme Court Attorney Disciplinary Board filed a complaint against the respondent, James S. Conroy, alleging he violated the Iowa Rules of Professional Conduct. Ct. Att'y Disciplinary Bd. WebOral Argument Schedule. More information about the complaint process is available here. Specifically, Aeilts misrepresented facts to law enforcement and to the court during two separate incidents. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. Both the Board and Fisher filed briefs in support of a one-year suspension. 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. Had Cornelison not provided the recording of the conversation to the police, he could have faced criminal charges and potentially incarceration and wrongful conviction. 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. Attorney & Client 103, at 24 (2015)). Introduction. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. All rights reserved. v. Bartley, 860 N.W.2d 331, 337 (Iowa 2015). While an ethics complaint and subsequent proceeding can be extremely unsettling, attorneys must be mindful and maintain respect throughout the entire disciplinary process. Write to your lawyer and ask for a written explanation. 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. 32:1.9(c)(2) (revealing confidential information of a former client). Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. See Iowa Sup. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. The commission concluded that Aeilts violated all the rules alleged by the Board but agreed with Aeilts that he did not violate rule 32:8.4(d) when he texted the assistant county attorney. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. On Friday, the court opted to instead impose a three-year suspension. Later in the day, Robinson responded to Aeilts's texts asking, What's up? Aeilts responded with two more text messages: Made a mistake that'll be coming across your desk. Ct. Att'y Disciplinary Bd. Instead, a prosecutor from another county handled Aeilts's case. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. Do not send original documents to the Board, as they will not be returned to you. v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010)). at 68283. Rhinehart, 827 N.W.2d at 180 (quoting Iowa Sup. See McGinness, 844 N.W.2d at 46364. Aeilts committed multiple rule violations involving conduct from two unrelated events. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. Aeilts ultimately tendered an Alford1 plea to the Malicious Prosecution charge in exchange for dismissal of the False Reporting charge. B. Iowa Rule of Professional Conduct 32:8.4(c). He or she is also better educated than most people, more sophisticated and more sharply sensitized to the legal implications of a situation. WebThe first is the Attorney Disciplinary Board. Curt N. Daniels, Chariton, On October 23, 2019, the Board filed its first complaint against Fisher. 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. 32:8.1(b) (responding in disciplinary proceedings). E. A.H. On September 1, 2017, A.H. and Fisher entered into an attorneyclient relationship. B. Michelle Curry. The Boards jurisdiction extends to the attorneys license alone. at 572. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Iowa Sup. See Iowa Sup. 32:3.4(d) (diligence with regard to discovery). Get a free directory Id. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. 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. Aeilts pleaded guilty to the Operating While Intoxicated Charge on June 13, 2019, and the court granted a deferred judgment on July 26. Once the complaint is filed by the ADB, the following procedure then takes place: 2023 Iowa Judicial Branch. Id. at 65456. The convincing preponderance of the evidence standard is less demanding than proof beyond a reasonable doubt, but requires a greater showing than the preponderance of the evidence. Iowa Sup. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. 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. We agree that as a result of this conduct, law enforcement and court resources were diverted in an unnecessary investigation of Aeilts's charges against Cornelison. Cornelison denied making any threats against Aeilts and provided a recording of the conversation as proof. The Board must prove the lawyer acted with some level of scienter rather than mere negligence. Iowa Sup. 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.. In Iowa Supreme Court Attorney Disciplinary Board v. Wheeler, we found Wheeler violated rules 32:8.4(b) and 32:8.4(c) after he was convicted for making a false statement to a financial institution on a mortgage application. 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. Ct. Att'y Disciplinary Bd. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. 22-1646 Case No. Fisher later revealed Reiter's outstanding legal fees in a publicly viewable online exchange. This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. I had handled maybe two or three OWIs. Stay up-to-date with how the law affects your life. ; see also Iowa Sup. In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. This led to more continuances and an order to show cause against Fisher. There is no temporal overlap to mitigate Aeilts's conduct, and we reject his argument to the contrary. 45.2(3)(a) (complete records of funds and other property). v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012))). Fisher pursued a custody modification action in September and then a termination action in November. No. You may or may not be called on by an investigator. WebCase No. Ten of the cases were OWIs, and he represented other clients in a range of charges from criminal trespass to drug possession. Change the fee a lawyer charged or require a refund. We suspend Fisher from the practice of law without the possibility of reinstatement for one year. The second is the Grievance Commission. Lastly, it can file complaints with the Grievance Commission. 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). Click here for the Board's current informational brochure. We stated, [I]t does not appear that Ramey was attempting to deceive the court. If a client is damaged by a lawyers negligence, another lawyer should be consulted as to whether legal action should be brought in court. Ask your lawyer what to expect. 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 SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. AEILTS. 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. 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 Boards primary objective is to ensure that attorneys within its jurisdiction are compliant with the Iowa Rules of Professional Conduct. Based on these violations, the commission recommended a suspension of one year. Aeilts's conduct had the effect to mislead rather than inform and was a violation of rule 32:8.4(c). 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. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. Finally, Aeilts cooperated with the Board, which is a mitigating factor. In reality, Aeilts had represented clients in at least twenty-two criminal matters on charges that included OWI, trespass, assault, disorderly conduct, two different harassment charges, burglary, neglect of a dependent person, child endangerment, and drug possession. North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 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! 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). Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. Copyright 2023, Thomson Reuters. The second is the Grievance Commission. G. Trust Account Violations. Donelson contacted Cornelison during his investigation. 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 agree with the commission's legal conclusions based on our analysis of the record. Instead, we take into consideration the totality of facts and circumstances in each case. 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. The commission recommended Aeilts's license to practice law be suspended for six months. WebI. Under Ramey, an attorney who misrepresents the truth based on a sloppy or casual unawareness of the truth must still be held accountable. The nature of those violations is also an aggravating factor. 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. 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. The email address cannot be subscribed. 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. at 338 (quoting Iowa Sup. We tax the costs of this action to Fisher in accordance with Iowa Court Rule 36.24(1). This standard is more demanding than proof by a preponderance of the evidence but less demanding than proof beyond a reasonable doubt. Id. v. Casey, 761 N.W.2d 53, 5961 (Iowa 2009) (per curiam) (suspending lawyer for three months for misrepresenting the marital status of the decedent of an estate on court and tax documents); Iowa Sup. 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). Lawyers of any level of experience would understand that [making misrepresentations to the court is] deplorable. Turner, 918 N.W.2d at 155 (citing In re Cleland, 2 P.3d 700, 705 (Colo. 2000) (en banc) (per curiam) (considering inexperience as a mitigating factor but noting inexperience does not go far to excuse or to mitigate dishonesty, misrepresentation); see also In re Powell, 76 N.E.3d 130, 135 n.3 (Ind. Fisher did not provide replacement counsel despite offering to do so and told C.B.W. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. 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. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. at 460. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. 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. Regardless of whether anyone was actually harmed, Aeilts's conduct was an aggravating, not a mitigating, factor for Aeilts's actions in this case. 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. Arrange for another lawyer to be appointed to represent the client. In fact, Robinson did not work on the case at all. v. Turner, 918 N.W.2d 130, 156 (Iowa 2018). 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. We conclude that Fisher's unsubstantiated claim of remorse is not a mitigating circumstance.
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