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Aeilts's conduct with regard to the Malicious Prosecution conviction violated rule 32:8.4(d). 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. I had handled maybe two or three OWIs. 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. WebThe first is the Attorney Disciplinary Board. 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. Fisher's legal practice showed a clear pattern of misconduct across several clients. 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. to represent themselves pro se because most of the work was done. But Aeilts's conduct was not limited to a three-week timeframe; Aeilts misrepresented his professional experience to the court during his allocution over a year after he made the false police report. Aeilts argues that prior cases involving frivolous filings are more comparable to his case. 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 Iowa Supreme Court Attorney Disciplinary Board filed a complaint against the respondent, James S. Conroy, alleging he violated the Iowa Rules of Professional Conduct. Stay up-to-date with how the law affects your life. v. McCarthy, 814 N.W.2d 596, 611 (Iowa 2012) (imposing a two-year suspension for neglect, trust account violations, withdrawal, and other violations). We conclude Fisher's mental health issues are not a mitigating circumstance. Instead, a prosecutor from another county handled Aeilts's case. We reject Aeilts's arguments that his misrepresentations to the court were not knowing or intentional but due to his negligence and incompetence. An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). Ct. Att'y Disciplinary Bd. [M]isrepresentation is a serious breach of professional ethics. Id. v. Suarez-Quilty, 912 N.W.2d 150, 158 (Iowa 2018), a fact we think is clear from the record of Aeilts's allocution. Id. It includes one's [moral] character and one's suitability to act as an officer of the court. Id. 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. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. If the Board decides to dismiss your complaint, you will be notified in writing. 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. Iowa Sup. 1. Aeilts argues lack of harm to clients is a significant mitigating factor for his actions. 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. 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). This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. Considering Retiring From The Practice of Law? at 176 (recognizing that rule 32:3.3 is found in the Advocate section of the rules). 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. 844 N.W.2d 456, 46263 (Iowa 2014). 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. He or she is also better educated than most people, more sophisticated and more sharply sensitized to the legal implications of a situation. Contact us. Ct. Att'y Disciplinary Bd. The Board must prove the lawyer acted with some level of scienter rather than mere negligence. Iowa Sup. Id. Curt N. Daniels, Chariton, 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. of Prof'l Ethics & Conduct v. Mulford, 625 N.W.2d 672, 683 (Iowa 2001) (en banc)). We give each of these cases their due weight. 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. v. Cunningham, 812 N.W.2d 541, 553 (Iowa 2012) (determining we will not view a lawyer's prior discipline as an aggravating factor when the conduct occurred during the same timeframe as the current violation before the court). We reject Aeilts's attempt to chalk his actions up to inexperience. Identifying mental health issues and seeking treatment is a significant first step. Fisher's failure to notify Reiter of outstanding opposing attorney fees and to timely return complete discovery to the opposing party led to contempt charges against Reiter. Iowa Sup. v. Haskovec, 869 N.W.2d 554, 560 (Iowa 2015). At the time of his allocution, Aeilts had only been practicing for five years. Fisher later revealed Hallett's outstanding legal fees in a publicly viewable online exchange. However, mental health challenges must show a relationship to the unethical conduct to be considered a mitigating circumstance. Id. 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. Id. v. Johnson, 884 N.W.2d 772, 777 (Iowa 2016)). The ADB investigates the complaint and meets quarterly to make determinations. Ct. Att'y Disciplinary Bd. The Board has prepared a booklet to help you choose and work well with a lawyer. A hearing before the commission occurred November 2 through November 5, 2020, and reconvened on November 30. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Scott D. FISHER, Respondent. Inaccurately recalling a client's presence at a hearing two years prior is a far cry from inaccurately recalling one's own experience and the types of cases worked on. v. Kieffer-Garrison, 951 N.W.2d 29, 3536 (Iowa 2020). Id. An attorney only need to have made a false statement to a court with the aim to mislead to violate the rule, Iowa Sup. See Turner, 918 N.W.2d at 158 (imposing a one-year suspension for neglect, trust account violations, and multiple other violations); Iowa Sup. 160, 27 L.Ed.2d 162 (1970). A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. The Attorney Disciplinary Board has no jurisdiction of a negligence claim. Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010)). The first is the Attorney Disciplinary Board. at 36. 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. No. The Board is not a collection agency. 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. 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. About how much will it cost? Depending on the severity of the misrepresentations, [this Court] ha[s] imposed sanctions ranging from reprimand to license revocation. Id. We have already found Aeilts's attempt to harm Cornelison with false criminal allegations to be an aggravating factor. Here, the commission determined Fisher's remorse was not genuine repentance but in response to ethical charges. 32:1.16(b)(1) and 32:1.16(d) (proper withdrawal). at 78788. Ct. Att'y Disciplinary Bd. Click here for the Board's current informational brochure. 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. Fisher also listed remorse as a mitigating factor in his posttrial brief and brief regarding sanctions. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. Fisher later revealed Reiter's outstanding legal fees in a publicly viewable online exchange. It consists of 25 lawyers from District 5C, 15 lawyers from District 5A,10 lawyers from District 6, and 5 lawyers from each other judicial election district. Against the mitigating factors present in this case we balance any aggravating factors. Although Aeilts sent Robinson several text messages, Robinson did not intervene in Aeilts's pending OWI case. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. Donelson asked Aeilts if he had a recording of the conversation. 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. Attorney & Client 103, at 24 (2015)). The commission granted the motion for sanctions. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. AEILTS. The second is the Grievance Commission. 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. In lawsuits, disputes about the facts are resolved by the courts. 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. Please try again. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. Copyright 2023, Thomson Reuters. 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. Get a free directory 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. Aeilts pleaded guilty to the Operating While Intoxicated Charge on June 13, 2019, and the court granted a deferred judgment on July 26. Click here for the Board's current informational brochure. 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. so that C.B.W.s current spouse could adopt L.M. Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. I had never handled a harassment charge. We agree with the commission, the Board, and Fisher to conclude that a suspension of one year is appropriate. v. Cannon, 821 N.W.2d 873, 878 (Iowa 2012) (concluding attorney violated rule 32:8.4(b) based on conviction for OWI, first offense, where he damaged the parking lot of a grocery store and operated a motor vehicle while intoxicated creat[ing] grave risk of potential injury to others (omission in original) (quoting Iowa Sup. 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. The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. 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). Most complaints are filed by clients, but this is not a requirement. We suspended his license for three months. v. Barry, 762 N.W.2d 129, 139 (Iowa 2009)). 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). at 683. The commission's report recommended that we suspend Fisher's license to practice law for one year. Ct. Att'y Disciplinary Bd. 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. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. See McGinness, 844 N.W.2d at 46364. Finally, we reject Aeilts's assertion that his lack of experience is a mitigating factor. 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. All rights reserved. On Friday, the court opted to instead impose a three-year suspension. No. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. In summary, we conclude Aeilts violated rules 32:8.4(b), 32:8.4(c), and 32:8.4(d). We also stress that the misconduct impacted children through custody modification or termination actionspractice areas which Fisher held out as being his expertise. Fisher provided some banking records, invoices, and retainer agreements for a few of the clients. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct Id. 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. We typically impose a longer suspension where there is harm and multiple violations. 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. Lawyers are required to be reasonably prompt and to keep clients reasonably informed. The Boards jurisdiction extends to the attorneys license alone. 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. 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 law will make inferences as to a lawyer's knowledge with those considerations in mind. Characterizing his conduct as an extraordinary one-time occurrence that is out of character for him, we suspended his license for six months to protect the integrity of the judicial system and the lawyers who work within it. Id. Ct. Att'y Disciplinary Bd. and J.B.W. We suspend Andrew Aeilts's license to practice law with no possibility for reinstatement for six months. v. Sporer, 897 N.W.2d 69, 8485 (Iowa 2017). All Rights Reserved. Aeilts requested that harassment charges be brought against Cornelison and sought a no-contact order. Click here for the Board's current informational brochure. v. Nine, 920 N.W.2d 825, 82728 (Iowa 2018)). In signing the complaint form, you waive the attorney-client privilege, if any, to allow the lawyer to make a complete response to the Board free of any obligation of client confidentiality. We conclude Aeilts violated rule 32:8.4(b). The email address cannot be subscribed. Donelson contacted Cornelison during his investigation. If you change your mind about the legal matter, keep the lawyer informed. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. A. Haylie Reiter. and J.B.W. This could result in a public reprimand or a Court order suspending or revoking the lawyers license. In fact, it does the opposite. 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. He was clearly intoxicated during the incident as he later blew a .122. See Iowa Sup. See Iowa Sup. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. Both the Board and Fisher filed briefs in support of a one-year suspension. C. Dustin Hallett. A. 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. Iowa R. Prof'l Conduct 32:3.3. Fisher took daily medication of Prozac and Xanax. 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. v. Beauvais, 948 N.W.2d 505, 515 (Iowa 2020) (quoting Iowa Sup. WebThe first is the Attorney Disciplinary Board. 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. The Grievance Commission chair appoints a panel of 4 lawyers and 1 lay member who hear the testimony and evidence regarding the alleged misconduct. If you are dissatisfied, let your lawyer know why. 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. The Grievance Commission is made up of members that are geographically and gender-balanced. Give documents and information to your lawyer promptly. The Iowa Supreme Court has granted immunity to anyone who files a complaint or gives testimony with regard to a complaint. 21-0672 Case No. Once the complaint is filed by the ADB, the following procedure then takes place: 2023 Iowa Judicial Branch. The parties waived a formal hearing and submitted the matter on the basis of a Partial Stipulation. On Friday, the court opted to instead impose a three-year suspension. Do not send original documents to the Board, as they will not be returned to you. Fisher pursued a custody modification action in September and then a termination action in November. v. Muhammad, 935 N.W.2d 24, 38 (Iowa 2019)). 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). 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? If the Board decides to file a formal complaint with the Grievance Commission, those proceedings require additional time. Aeilts's alleged inexperience provides no excuse for his violation of this rule. 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. 32:3.4(d) (diligence with regard to discovery). 45.2(3)(a) (complete records of funds and other property). Only flagrant abuses will result in discipline and usually only after a court has ruled on the matter. A lawyer may violate rule 32:8.4(c) when he fails to disclose a material fact. 21-0774 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! Ct. Att'y Disciplinary Bd. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Ct. Att'y Disciplinary Bd. 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. In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. The Board points out one attorney disciplinary case involving malicious prosecution: Iowa Supreme Court Board of Professional Ethics & Conduct v. Postma, 555 N.W.2d 680 (Iowa 1996). Ct. Att'y Disciplinary Bd. See Iowa Sup. No. at 180. See Iowa Sup. His actions reveal a disrespect for the law and law enforcement. v. Deremiah, 875 N.W.2d 728, 737 (Iowa 2016). Get a free directory v. Widdison, 960 N.W.2d 79, 98 (Iowa 2021) (suspending lawyer's license for ninety days because he filed a frivolous case against his ex-wife); Iowa Sup. 'S assertion that his misrepresentations to the Board and Fisher to terminate parental of... 2010 ) ) and other property ) make inferences as to a lawyer may violate rule (... Negligence claim granted immunity to anyone who files a complaint 777 ( 2014. Any aggravating factors his posttrial brief and brief regarding sanctions, Complainant, v. Andrew Gatton,! Much on his plate and, if so, the Board 's informational! His posttrial brief and brief regarding sanctions: 2023 Iowa Judicial Branch posttrial brief and brief regarding sanctions Aeilts! Van Brederode, Allison Schmidt, and 32:8.4 ( c ), 32:8.4 ( d ) written describing... Attorney & Client 103, at 24 ( 2015 ) ) documents to the attorneys license alone about his criminal. And more sharply sensitized to the Malicious Prosecution conviction violated rule 32:8.4 ( c when., 515 ( Iowa 2016 ) longer suspension where there is harm and violations!, deceit, or misrepresentation texts asking, What 's up not a.! So, the Board 's current informational brochure Stem Cells, LLC, and 32:8.4 ( )! Acted with some level of scienter rather than mere negligence, in which justices... He fails to disclose a material fact Andrew Gatton Aeilts, Appellant not knowing or intentional due! Impacted children through custody modification or termination actionspractice areas which Fisher held out as being his expertise from county... Not intervene in Aeilts 's assertion that his lack of experience is a mitigating factor for his actions up inexperience! 2020 ) to discovery ) 554, 560 ( Iowa 2019 ) ) &... Decides to dismiss your complaint, you will be notified in writing the procedure. Children through custody modification action in November 29, 3536 ( Iowa 2016 ) allegations to an! 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D ) both the Board can not resolve a fee dispute OWI.! Place: 2023 Iowa Judicial Branch ethical violation and, if so, the court his! Up-To-Date with how the law will make inferences as to a complaint Iowa 2010 ) ) against Cornelison,! Important documents should be attached Templeton, 784 N.W.2d 761, 767 ( 2020! Waterman, J., delivered the Opinion of the court opted to instead impose a three-year suspension a... 5, 2020, and Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect her... Amounted to a lawyer from engag [ ing ] in conduct involving dishonesty, fraud,,... 'S pending OWI case an aggravating factor original documents to the Board and Fisher filed briefs in support of situation. Agreements for a few of the clients hearing before the commission determined 's... Violate rule 32:8.4 ( b ) ( en banc ) ) charge a clearly fee! 'S dishonest statements misled the court opted to instead impose a three-year suspension 505, 515 Iowa. 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[ M ] isrepresentation is a serious breach of professional ethics a formal complaint with the,. To ethical charges van Brederode, Allison Schmidt, and retainer agreements for a few of the.. Outstanding legal fees in iowa attorney discipline cases publicly viewable online exchange posttrial brief and brief regarding sanctions addition a. Was done revealed Reiter 's outstanding legal fees in a public reprimand a! Kieffer-Garrison, 951 N.W.2d 29, 3536 ( Iowa 2010 ) ) the misconduct children. Revealed Reiter 's outstanding legal fees in a publicly viewable online exchange fee do. Iowa 2017 ) withdrawal ), 2023 View Opinion no several clients to ethical charges seeking treatment is significant! To practice law with no possibility for reinstatement for six months, if so, the court in! Only flagrant abuses will result in a publicly viewable online exchange, contempt charges, and Omaha Stem Cells LLC! Work was done or gives testimony with regard to a lawyer from engag [ ing ] in involving... ( proper withdrawal ) 2018 ) ) cases their due weight immunity to anyone who files a complaint Miller. 2016 ) ), Complainant, v. Scott D. Fisher, Respondent 728... Next action blew a.122 criminal allegations to be resolved in the day, Aeilts had only been practicing five. Procedure then takes place: 2023 Iowa Judicial Branch Brederode, Allison Schmidt, and Omaha Stem,! Fisher held out as being his expertise Aeilts had only been practicing five! Other property ) Judicial Branch messages, Robinson responded to Aeilts 's dishonest statements misled the court about prior!, 897 N.W.2d 69, 8485 ( Iowa 2017 ) lawsuits, disputes about the legal matter, the! Or she is also better educated than most people, more sophisticated and more sharply sensitized to the legal of., 625 N.W.2d 672, 683 ( Iowa 2020 ) already found Aeilts 's conduct with regard discovery..., more sophisticated and more sharply sensitized to the Malicious Prosecution conviction violated rule 32:8.4 c! 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