Require a lawyer to return money or property to a client. Accordingly, we suspend Gailey's license to practice law in the State of Iowa for sixty days. We have interpreted our prior rule to prohibit an attorney from communicating with an adverse party represented by counsel concerning litigation or a transactional matter unless the attorney for the adverse party gives the opposing attorney permission to talk to the adverse party. When the couple requested paperwork and asked for a refund, the commission said, Fisher accused them of making threats and attempting to extort him. The commission said Fishers response to his clients was bullying and outrageous Fisher failed (his clients) in every way possible, or, as he candidly admitted, I completely botched this case. , Fishers general office practices, particularly his bookkeeping, were substandard, bordering on the atrocious, the commission found, noting that even the states Attorney Disciplinary Board was forced to file a motion to compel and motion for sanctions to obtain a smattering of financial and billing records related to some of his clients.. Sarah helps businesses with complex business and real estate litigation. Instead of holding a hearing, the commission decided the case on a joint stipulation filed by the board and Gailey. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. All Rights Reserved. & New Hampshire Ins. Topeka, KS 66603-3729. The court found that while there were several aggravating factors to consider in the case, there were no mitigating factors that would suggest leniency was in order. Id. Id. Lawyers, like other professionals, sometimes make mistakes. Just four days after the Jasper County arrest, Johnson was apprehended by Altoona police on February 17 for driving under revocation. The judge overseeing McFadden's multiple defamation suits has scheduled a hearing to determine whether he and his attorney should be held in contempt for their conduct in those cases. The facility also gave written reprimands to Daniels and three other employees, who had worked shifts the previous day ending at 10 p.m., for failure to respond to door alarms. The second type is a stipulation that amounts to a concession of an issue in the litigation. U.S. 8th Cir. On August 4, Johnson resolved the Jasper County case by pleading guilty to both the possession of methamphetamine first offense and driving while revoked charges. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. at 651. Id. A lawyer is allowed to explain the consequence of a witness's testimony without fear of being accused of counseling or assisting a witness to testify falsely. Attorney wellness is defined as a separate, designated, and dedicated session of instruction designed to help attorneys detect, prevent, or respond to substance-related disorders or mental illness that impairs professional competence. Id. Citing Iowa Supreme Court Attorney Disciplinary Board v. Johnson, 774 N.W.2d 496, 499 (Iowa 2009), overruled in part by Templeton, 784 N.W.2d 761, the commission observed, In disciplinary cases, it is irrelevant that the respondent was not acting as an attorney when committing the acts that led to the conviction. We think the word irrelevant overstates the matter. Despite that, we try to achieve consistency with our prior cases when determining the proper sanction. Templeton, 784 N.W.2d at 769. The parties have stipulated to certain mitigating and aggravating factors. The Boards primary objective is to ensure that attorneys within its jurisdiction are compliant with the Iowa Rules of Professional Conduct. We will follow our usual practice of having the disciplinary suspension begin when we issue our decision, subject to the ten-day grace period that became effective on October 1, 2022.2. Due to his substance abuse and disregard of the law, Johnson was convicted in five separate criminal cases over the course of a year. Denis requested Gailey deliver the letter to Dawn and speak with Dawn face to face on his behalf regarding her potential testimony in the criminal action. Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Gerald Anthony Lyman MOOTHART, Respondent. Rule 32:3.4(b) provides that "[a] lawyer shall not falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law." A longtime Iowa attorney often associated with embattled restaurateur Steve McFadden faces potential disbarment after a state commission found he violated ethical rules in several cases.. But in January, the defendants told the court Leitner continued not to provide meaningful answers, and had missed the deadline to pay the attorney fees sanction. Thats why Iowa Capital Dispatch, a nonprofit, independent source for quality journalism, is working every day to keep you informed about what government officials are doing with your money, your freedom and your safety. See Iowa Sup. Moreover, the stipulation affirmatively states Gailey did not ask Dawn to lie or change her testimony. No. For all these reasons, we find that Johnson violated rule 32:8.4(b). The temperature overnight had dipped as low as 7 below zero. F$!|GWL+P)JOr7]G$QLg+:hhJg&hp^UDJ_-e}pjtF(Vb3aku3%V#wbEcc_R" Applying these principles to a disciplinary case, we will rely on the stipulation to determine the facts in issue. Third, Johnson has been under a disability suspension (to which he consented) since May 24, 2021. To prove a violation of rule 32:8.4(b) the board must show some rational connection between the attorney's conduct and the attorney's fitness to practice law other than the criminality of the act. A stipulation of facts by the parties is binding on the parties. Download PDF. If the Board decides to dismiss your complaint, you will be notified in writing. Change the fee a lawyer charged or require a refund. In order for our system of justice to work, attorneys should counsel their clients to abide by court orders. See Bergmann, 938 N.W.2d at 23 (finding cooperation and acceptance to be mitigating). Iowa Sup. H. Guilty Plea in the Dallas County Case. Counsel represented her in the dissolution matter. stream Dawn reviewed a copy of the letter from Denis and asked Gailey what the letter meant. This website and its publications are not designed to provide legal or other advice and you should not take, or refrain from taking, action based on its content. . 22-1011 Decided: October 14, 2022 Mansfield, J., delivered the opinion of the court, in which all justices joined. Fee arbitration is an alternative method of resolving a fee dispute. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. A. We find the board has met this burden. zOkI b`rWa5"d]R_L/({G?h4nM]]50zaIQco;WoVm/zkRB6P(}I!<7x zW ^Ku Cornm. A third case involved Fishers representation of an Iowa man in several custody and domestic abuse cases. Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. Having emerged from that program, and still under a disability suspension, the attorney is now before us on an attorney disciplinary complaint. All rights reserved. How frequently and by what means will we communicate? Johnson accumulated additional convictions because he drove under the influence, putting other lives at risk. F. The Second Polk County Case. Records showed the door alarm had been activated continuously from 9:34 p.m. to 6:12 a.m., although at least one worker claimed she'd seen Stewart still inside when her shift ended at 10. Id. On the OWI count, Johnson received a one-year jail sentence with all but ten days suspended and was placed on probation for one year. Accordingly, we give this charge no further consideration. In determining an appropriate sanction, we have stated that [t]here is no standard sanction warranted by any particular type of misconduct. DEIJ Policy | Ethics Policy | Privacy Policy. David Leitner, 67, has been a licensed Iowa attorney since 1979 and has run his own West Des Moines legal practice since 1988. v. Howe, 706 N.W.2d 360, 373 (Iowa 2005)). Write to confirm all important understandings. The record also reveals that Gailey did not have the permission of Dawn's attorney when they had that conversation. 2001). Wesley Johnson became a licensed Iowa attorney in 2008. 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. Fisher abandoned his clients at their greatest time of need, the commission found. r. 34.23(3). [t]here must be some rational connection other than the criminality of the act between the conduct and the actor's fitness to practice law. For subscribers: 'Call lights not being answered for hours': Iowa nursing homes can't find staff to stay open. M. The Deferred Judgments Are Revoked. G. Guilty Plea in the First Polk County Case. Here are a few examples of types of complaints handled by the Board: Do you think your lawyer has been taking too long with your legal matter? Most complaints are filed by clients, but this is not a requirement. 22-2003: Iowa Supreme Court Attorney Disciplinary Board v. Scott A. Johnson Filed Mar 31, 2023 View Opinion No. This in and of itself does not violate rule 32:3.4(b). He continued to use cocaine prior to sentencing, and as a result, was ordered to serve three months incarceration followed by three years probation. r. 34.17(7). Therefore, we find Gailey violated rule 32:8.4(b). Our prior rule stated: Iowa Code of Prof'l Responsibility DR 7-104(A)(1). Unsolicited emails and other information sent to Dentons will not be considered confidential, may be disclosed to others, may not receive a response, and do not create a lawyer-client relationship. 321J.2. Iowa Supreme Ct. Att'y Disciplinary Bd. Please click Confirm below to continue. Gailey responded that he believed that if she were to testify that there was no permanent damage, physically or psychologically, that the criminal charges would be lessened. Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. She has recently and successfully represented: Her wide array of litigation experience has allowed her to represent clients in administrative hearings, district court hearings and jury trials, as well as appellate proceedings. 573, 815 P.2d 1257, 1265 (1991) (en banc) (per curiam)). Both cases involve substance abuse that resulted in a series of offenses and probation violations. Using the stipulation of the parties together with our review of the record, we make the following findings of fact. on Prof'l Ethics Conduct v. Gill, 479 N.W.2d 303, 306 (Iowa 1991) (first quote); Iowa Supreme Ct. Bd. Expect your lawyer to keep you informed of all important developments. The attorney repeatedly violated criminal laws prohibiting possession of controlled substances, operating while intoxicated (OWI), and driving while under revocation. The Grievance Commission of the Supreme Court of Iowa found Khowassah violated the rule and recommended a one-year suspension. at 8. The most recent complaint against OBrien involved his representation of Damon Krull of Woodbury County in a 2019 child-custody dispute. Eventually, in mid-2021, the attorney entered an intensive drug-treatment program pursuant to court order. Daniels' complaint contrasts her treatment to that of other employees who, she alleges, were more culpable than she. See Iowa Ct. R. 35.10. Capotosto stipulated that he allowed six probate estates to become delinquent and violated Iowa Rules of Professional Conduct 32:1.3; 32:1.4 (a) (3), (4); and 32:8.4 (d). Remarkably, two of the sanctioned attorneys were admitted in 2017. Templeton, 784 N.W.2d at 767. Ct. Att'y Disciplinary Bd. Iowa R. Profl Conduct 32:3.4(b). Johnson repeatedly combined illegal drug use with driving while intoxicated and driving while under revocation. Iowa Supreme Ct. Att'y Disciplinary Bd. More:Owner of Des Moines metro taverns, pizzeria faces new charges, probation violation. v. Lynch, 901 N.W.2d 501, 511 n.5 (Iowa 2017). Gailey contacted the county attorney and advised her that he would voluntarily surrender Denis to the authorities and arrange for Denis's bail. Matter of Prop. "His behavior interfering with a represented party who had been deemed incapacitated by the court is disturbing, especially his continuation of the behavior after ordered to cease by the court.". These criminal charges proceeded to trial. When Gailey told Dawn that he thought Denis would be agreeable to a more favorable division of assets in the dissolution case if she were to testify in this manner, he crossed the line. Discipline of a judicial officer may include suspension without pay for a definite period of time not to exceed twelve months. If you are not already a client of Dentons, please do not send us any confidential information. Opinions - FindLaw cases and resources for the Eighth Circuit Court of Appeals. Iowa Supreme Ct. Att'y Disciplinary Bd. Please see our republishing guidelines for use of photos and graphics. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Board's jurisdiction. 10/21/20. These separate incidents occurred less than four months after we reinstated his license following his second OWI conviction. See Iowa Sup. v. D'Angela, 710 N.W.2d 226, 230 (Iowa 2006) (quoting Iowa Supreme Ct. Bd. A subsequent state investigation found she'd left the building as early as 9:30 the night before, setting off alarms connected to her room door and the outside door of the building, but workers didn't find her until after 6 a.m. the following day. The Iowa Supreme Court Attorney Disciplinary Board charged attorney Tarek A. Khowassah with violating the rule of professional conduct pertaining to criminal acts. Attorneys before the Iowa Attorney Disciplinary Board A client in an administrative proceeding related to a multi-billion-dollar government contract procurement Her wide array of litigation experience has allowed her to represent clients in administrative hearings, district court hearings and jury trials, as well as appellate proceedings. Iowa Supreme Ct. Att'y Disciplinary Bd. After a longtime client was convicted of bankruptcy fraud and ordered to repay "a significant amount of money" to the federal government, Leitner created a new business entity, allegedly with Leitner as its sole employee, to allow the client to continue working as a seed dealer without having his wages garnished to repay his debts. Johnson's prior missteps have already been accounted for as ethical violations. Here, Gailey offered Dawn a favorable dissolution settlement as an inducement for her to testify in a certain way. Ct. Att'y Disciplinary Bd. A search found controlled substances in Johnson's vehicle, including methamphetamine and hydrocodone. In re Marriage of Briddle, 756 N.W.2d 35, 39-40 (Iowa 2008). 'Call lights not being answered for hours': Iowa nursing homes can't find staff to stay open, 'She was screaming in pain': Iowa nursing home cited for gangrene and death, previously told the Iowa Capital Dispatch, Your California Privacy Rights/Privacy Policy. He had eyelid tremors and an elevated pulse rate of 124 beats per minute. The Board may dismiss the complaint or impose a private admonition. We have the authority to discipline an attorney who is convicted of a misdemeanor that violates the rules of professional conduct. County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. 124.401(5). The attorney eventually entered the program but not in a timely fashion. Ct. Att'y Disciplinary Bd. APPEL, Justice. Once again, law enforcement found controlled substancesincluding methamphetaminein the vehicle. A summary of Iowa's attorney disciplinary procedures. The Board allegedand the commission agreedthat Johnson's criminal acts constituted a violation of Iowa Rule of Professional Conduct 32:8.4(b). All rights reserved. v. Saunders, 919 N.W.2d 760, 764 (Iowa 2018). First, because Johnson had previously dropped out of treatment, the commission deemed Johnson's completion of the eight-month Bridges of Iowa program to be only a neutral factor. He violated probation repeatedly. This suspension applies to all facets of the practice of law. The disciplinary case marks the second time Fisher has been accused of ethics violations. Give documents and information to your lawyer promptly. Tara van Brederode and Allison Anne Schmidt, Des Moines, for complainant. The Iowa Judicial Building. 2. The court noted that Johnson had already received a substance abuse evaluation and ordered him to complete any recommended programming. The commission also considered Fishers representation of a married couple in a parental rights case. See id. The judge has set a Feb. 3 hearing date and ordered McFadden and Leitner to explain why McFadden should not be held in contempt of court. In response to Dawn's question as to what the letter meant, Gailey explained to her he believed that if she were to testify that there was no permanent damage, physically or psychologically, the criminal charges against Denis would be lessened. D. Rule 32:8.4(b). Id. More information about the complaint process is available here. On June 13, the commission issued its report and recommendation, which expressed serious concern about Johnson's five separate instances of substance-abuse-related criminal conduct within a little over a year. After doing so, we will determine whether the facts establish a violation of the Iowa Rules of Professional Conduct. At issue are four cases in which Leitner is accused of dishonest or unethical conduct, as well as allegations he mishandled client funds held in his trust account. Contact us. 19-1010. Daniels told inspectors she checked Stewart's room, found it empty, then with Forkpa found her outside and called 911. We also pointed out that the attorney had delayed in seeking alcoholism treatment in violation of a court order, although by the time of the hearing he was engaged in rehabilitative efforts. Id. Get a free directory profile listing 890 N.W.2d at 652. 2023 www.desmoinesregister.com. 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. On May 24, with Johnson's written consent, a temporary suspension was entered and remains in effect to this day. Our primary purpose for imposing sanctions is not to punish the lawyer but to protect the public. Iowa Sup. 19-0911: State of Iowa v. Anthony Alexander Mong Filed Mar 24, 2023 View Opinion No. Johnson must also meet all requirements for the lifting of his disability suspension. He can be contacted atwrmorris2@registermedia.com, 715-573-8166 or on Twitter at@DMRMorris. On May 7 Gailey filed an appearance on behalf of his son in the dissolution matter. The First Polk County Case. In 1998, the Iowa Supreme Court Attorney Disciplinary Board admonished O'Brien 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. Click here for the Board's current informational brochure. of Prof'l Ethics Conduct v. Thompson, 595 N.W.2d 132, 134 (Iowa 1999) (stating court not swayed by attorney's argument that his actions were those of a concerned father, not an attorney, and therefore should not be held to have reflected adversely on fitness to practice law). The Rules of Professional Conduct (located at Chapter 32 of the Iowa Court Rules) set forth numerous ethics requirements that apply to all aspects of attorneys practice, from client confidentiality to trial conduct. Graen's Mens Wear, Inc., 329 N.W.2d at 299. Sometimes, but such complaints often fail to understand our adversary system of justice. On February 13, 2021, a state trooper stopped Johnson on Interstate 80 in Jasper County because he was driving under revocation. Id. Helpful information about choosing and working with an attorney. On May 10, Johnson resolved the second Polk County case by pleading guilty to possession of oxycodone. However, Fishers interaction with virtually everyone involved in this matter his own client, opposing counsel, the presiding judge was largely ineffective and did little to advance his clients legal interests., The commission also questioned Fishers internet post, noting that he had even revealed the specific balance he claimed was owed by his former client There is nothing in the rules which would authorize a lawyer to reveal such information particularly on the internet, for all the world to see.. In fact, Johnson has some mitigating circumstances that were not present in the Stefani case. John Gailey is a seventy-four-year-old attorney, practicing law for forty-five years in Iowa. Ct. Att'y Disciplinary Bd. We concur with the assessment of the parties and the commission that this case does not warrant as severe a sanction as Weaver. v. Newport, 955 N.W.2d 176, 184 (Iowa 2021) (quoting Iowa Sup. Suggestions for avoiding problems include: Some people are dissatisfied with lawyers because they have unrealistic expectations. Id. It was only when she called again in late March that she was told the investigation had been completed, and she had been fired. Operating while intoxicated create[s] a grave risk of potential injury to anyone on the same road. Iowa Sup. It follows that a lawyer should not aid or abet a party to ignore a no-contact order. In doing so, we interpret the stipulation "with reference to its subject matter and in light of the surrounding circumstances and the whole record, including the state of the pleadings and issues involved." Johnson entered that program in August 2021 and successfully completed it in April 2022. misconduct by a convincing preponderance of the evidence." Iowa Sup. On February 8, 2022, the Board filed a complaint charging Johnson with multiple violations of Iowa Rule of Professional Conduct 32:8.4(b). r. 36.24(1). Because Leitner failed to file an answer to the claims, the commission accepted the following allegations as fact: "Leitners conduct demonstrates a long pattern of deliberate misconduct and dishonesty," wrote the commission, noting multiple instances in which Leitner disregarded ethics rules and flouted direct court orders. In her complaint, filed April 19, Daniels says she was initially told she needed to come in for her shift the following day despite being traumatized by Stewart's death, then was placed on leave pending an investigation. Indiana no longer has a rule explicitly addressing threats of criminal prosecution, but attorneys who threaten opposing parties or opposing counsel may be subject to discipline under various Indiana Rules of Professional Conduct, including: Rule 3.1 (Meritorious Claims and Contentions) Rule 3.4 (Fairness to Opposing Party and Counsel) The Board will determine whether there was an ethical violation and, if so, the appropriate next action. The lawyer's accounting (which was confirmed by the Iowa Bar/Disciplinary Board) showed that he received a total of $18,200.00 and, after for the fifty-percent split and other tax and reimbursement considerations, the lawyer wrongfully misappropriated $9,200.00 from the law firm.