Iowa Supreme Court Attorney Disciplinary Board v. Verla Jean Bartley , 2015 Iowa Sup. LEXIS 20 ( 2015 )


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  •               IN THE SUPREME COURT OF IOWA
    No. 14–0757
    Filed February 27, 2015
    IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD,
    Appellee,
    vs.
    VERLA JEAN BARTLEY,
    Appellant.
    Appeal from the report of the Grievance Commission of the
    Supreme Court of Iowa.
    The grievance commission reports an attorney violated several
    court rules and rules of professional conduct and recommends
    suspension. LICENSE SUSPENDED.
    David L. Brown of Hansen, McClintock & Riley, Des Moines, for
    appellant.
    Charles L. Harrington and David J. Grace, Des Moines, for
    appellee.
    2
    CADY, Chief Justice.
    The Iowa Supreme Court Attorney Disciplinary Board charged
    attorney Verla Jean Bartley with violating the rules of professional
    conduct based on neglect, misrepresentations, and trust account and fee
    violations in the representation of the executors in two separate estates.
    After reviewing a written stipulation entered into by the parties, the
    Grievance Commission of the Supreme Court of Iowa found Bartley
    violated several rules and recommended a 180-day suspension.
    I. Background Facts and Prior Proceedings.
    Verla Jean Bartley was admitted to the Iowa bar in 1961. She rose
    to prominence in the profession over the years and was active in the
    state bar association. She has no prior disciplinary record. In 2002, she
    began practicing as “of counsel” with an Iowa City law firm and retired
    from the active practice of law in 2014.
    The events leading to this disciplinary action against Bartley
    involved her conduct in serving as the attorney for the executors in two
    estate proceedings. In 2001, Bartley opened the Shepherd estate. She
    completed most of the work for the estate in a timely manner. She billed
    and collected fees for her work on the estate in late 2006. The fees were
    not approved by the district court at that time and were deposited
    directly into the firm’s business account rather than the trust account.
    In February 2008, the final report for the estate was filed and the
    previously paid fees were approved, but the estate did not close at that
    time because, according to Bartley, the Iowa Department of Revenue had
    not issued the “Certificate of Acquittance from Income Tax.” The court
    granted multiple extensions of time to file the certificate from the time of
    the final report through June 2013 without resolution. In reality, Bartley
    was unable to close the estate due to tax difficulties, including unfiled
    3
    returns and an unpaid creditor claim that remained outstanding until
    late 2013.      In the course of trying to close the estate and then to
    resolving the tax returns and creditor-claim problems, Bartley made
    numerous misrepresentations to the court and members of her law firm
    regarding her actions. The misrepresentations included creating a false
    check purportedly paying the creditor claim, creating a letter from the
    bank   indicating    the   false   check   was   processed,   and   knowingly
    misrepresenting the status of the estate’s tax returns to the court. The
    interlocutory reports to the court on the status of the estate also
    contained false information.
    In 2005, Bartley opened the Gergis estate.             Again, Bartley
    completed the majority of the estate in a timely manner. In 2005, 2007,
    and 2008, the estate’s executor paid Bartley a total of $65,000 in fees
    from the estate for her services. The court did not approve the fees at the
    time any of the payments were made. The fees represented an amount
    that was approximately half of the maximum ordinary statutory fee. The
    fees paid in 2005 and 2008 were deposited directly into the firm’s
    business account; and the 2007 fee, though initially deposited into the
    firm’s trust account, was immediately transferred to the business
    account. The estate included a charitable trust and could not be closed
    until the necessary tax clearances from the Internal Revenue Service
    were received. The final clearance was not issued until March 14, 2013.
    On June 24, 2013, the court approved the final report. In the report, the
    court approved the fees previously collected by Bartley in 2005, 2007,
    and 2008. No additional fees were requested under an agreement with
    the executor.
    The Shepherd estate was open under Bartley’s direction from
    March 2001 through 2013, over twelve years, including over five years
    4
    after the final report was filed with the court.   The Gergis estate was
    opened in May 2005 and closed in June 2013, just over eight years later.
    The court granted numerous extensions in both estates.
    In November 2012, the court informed a partner in Bartley’s law
    firm of its concerns regarding her conduct in the Shepherd and Gergis
    estates.    The partner discussed the problems with Bartley.          This
    discussion prompted Bartley to send a letter to the Board dated
    January 23, 2013, to self-report her neglect on a tax matter for the
    Shepherd estate, her conduct in collecting fees from the Gergis estate
    without a court order, and her neglect in handling the tax matters in the
    Gergis estate.
    On April 29, 2013, a formal complaint was filed with the
    commission. The Board amended the complaint once in October after
    reviewing case files and a second time at the end of November in
    response to a letter from a partner in Bartley’s law office documenting
    ongoing violations that had occurred subsequent to Bartley’s self-report.
    II. Board Complaint.
    The Board charged Bartley with multiple violations of the rules of
    professional responsibility, Iowa court rules, and statutes.      Count I
    included all the violations resulting from her actions with the Shepherd
    estate. She was charged with violations of Iowa Code section 633.198
    (2013) (court determination of probate fees); Iowa Court Rules 7.2
    (probate fees) and 45.7 (advance fee deposit requirement); Iowa Rules of
    Professional Conduct 32:1.3 (2014) (reasonable diligence), 32:1.5(a)
    (payment of fees), 32:1.15 (trust account), 32:3.3(a)(1) (candor with
    tribunal), 32:8.4(c) (dishonest, fraudulent, or deceitful conduct), and
    32:8.4(d) (prejudice to the administration of justice); and for actions
    predating   the   2005   rules   change,   Iowa    Code   of   Professional
    5
    Responsibility        for    Lawyers    rules    DR 1–102(A)(5)       (prejudice    to
    administration of justice), DR 1–102(A)(6) (fitness to practice law), and
    DR 6–101(A) (failure to act competently). Count II, concerning the Gergis
    estate, charged violations of Iowa Code section 633.198; Iowa Court
    Rules 7.2 and 45.7; and Iowa Rules of Professional Conduct 32:1.3,
    32:1.5(a), 32:1.15, and 32:8.4(d).
    Bartley and the Board entered into a written stipulation rather
    than proceeding to an evidentiary hearing before the commission. As to
    the Shepherd estate, she agreed she failed to perform her responsibilities
    with reasonable diligence, made misrepresentations to the court and her
    law firm regarding tax matters and creditor claims, received attorney fees
    without court approval, and either did not deposit those fees in the trust
    account or withdrew them prematurely.                  In the Gergis estate, Bartley
    stipulated     that    she    failed   to   exercise     reasonable   diligence    and
    preparation, received attorney fees without court approval, failed to
    deposit fees into the trust account, and prematurely withdrew fees from
    the trust account.            The Board and Bartley also stipulated to a
    recommended sanction of a sixty-day suspension from the practice of
    law. 1   The commission accepted the stipulated violations.              However, it
    concluded the number and nature of the violations warranted more than
    a sixty-day suspension and recommended the court suspend Bartley for
    180 days with a supervision condition upon reinstatement.
    III. Scope of Review.
    “ ‘We review attorney disciplinary matters de novo.’ ”                   Iowa
    Supreme Ct. Att’y Disciplinary Bd. v. Carter, 
    847 N.W.2d 228
    , 231 (Iowa
    2014) (quoting Iowa Supreme Ct. Att’y Disciplinary Bd. v. Lemanski, 841
    1Anadditional factual stipulation in the agreement was Bartley’s “retire[ment]
    from the active practice of law as of January 1, 2014.”
    
    6 N.W.2d 131
    , 133 (Iowa 2013)); see also Iowa Ct. R. 35.11(1) (“Upon
    submission, the supreme court shall proceed to review de novo . . . .”).
    Attorney misconduct must be proven by a convincing preponderance of
    the evidence.     Iowa Supreme Ct. Att’y Disciplinary Bd. v. Clarity, 
    838 N.W.2d 648
    ,     651   (Iowa   2013).       “We   respectfully   consider   the
    commission’s findings and recommendations, but they do not bind us.”
    Iowa Supreme Ct. Att’y Disciplinary Bd. v. Wheeler, 
    824 N.W.2d 505
    , 509
    (Iowa 2012).     Although stipulations of fact are binding on the parties,
    stipulations to violations and sanctions are not binding on us. 
    Clarity, 838 N.W.2d at 651
    .
    IV. Violations.
    Bartley’s conduct falls into three general categories of violations of
    the rules of professional conduct: neglect, fee-payment violations, and
    misrepresentation. We will discuss each category separately.
    A. Neglect.       Neglect “involves an attorney’s failure to perform
    obligations assumed for the client, or a conscious disregard for the
    responsibilities a lawyer owes to a client.”         Iowa Supreme Ct. Att’y
    Disciplinary Bd. v. Thomas, 
    794 N.W.2d 290
    , 293 (Iowa 2011) (internal
    quotation marks omitted). One duty of an attorney for an executor is to
    close the estate in a timely manner. Generally, estates must be closed
    within three years unless otherwise ordered by the court.           Iowa Code
    § 633.473.      In the Shepherd estate, Bartley failed to timely file tax
    returns and neglected to settle an outstanding debt for a period of over
    twelve years.     Likewise, her neglect delayed the closing of the Gergis
    estate for five years. Although the court extended the time to close the
    estates in both cases and some extension of the statutory period may
    have been necessary for the proper administration of the estates, the
    7
    record shows very little work was done to close the estates once the bulk
    of the estates was settled and the fees collected.
    Bartley’s conduct in the Shepherd estate, particularly from 2008
    onward, clearly violated the requirement of Iowa Rule of Professional
    Conduct 32:1.3 that “[a] lawyer shall act with reasonable diligence and
    promptness in representing a client.”         Accord Iowa Code of Prof’l
    Responsibility DR 6–101(A)(2)–(3) (“A lawyer shall not . . . [h]andle a legal
    matter without preparation adequate in the circumstances [or] [n]eglect a
    client’s legal matter.”). The five-year delay in the closing of the Shepherd
    estate after the filing of and approval by the court of the final report
    “amounted to conduct prejudicial to the administration of justice.” Iowa
    Supreme Ct. Att’y Disciplinary Bd. v. Van Ginkel, 
    809 N.W.2d 96
    , 103
    (Iowa 2012); see also Iowa R. Prof’l Conduct 32:8.4(d) (2014) (“It is
    professional misconduct for a lawyer to . . . engage in conduct that is
    prejudicial to the administration of justice . . . .”); Iowa Code of Prof’l
    Responsibility DR 1-102(A)(5)–(6) (“A lawyer shall not . . . [e]ngage in
    conduct that is prejudicial to the administration of justice [or] [e]ngage in
    any other conduct that adversely reflects on the fitness to practice law.”).
    In addition, the record shows Bartley failed to file her reports in a timely
    fashion during the last several years the estate was open and received
    numerous delinquency notices from the court.
    Likewise, Bartley failed to take constructive action to resolve the
    tax issues in the Gergis estate for several years after completing most of
    the other work in the estate. She also failed to file timely reports after
    receiving delinquency notices.     Yet, when a firm partner confronted
    Bartley with her delay in closing the estate, she was able to complete the
    work and close the estate within a matter of months.           We conclude
    8
    Bartley did not act with reasonable diligence and promptness in the
    Gergis estate, violating Iowa Rule of Professional Conduct 32:1.3.
    B. Fee Payment.        Iowa Code section 633.197 describes the
    maximum ordinary fee for an executor or personal representative, and
    section 633.198 requires that probate attorney fees be determined by the
    court using the same calculation.        See Iowa Code § 633.197–.198.
    Although Bartley calculated her fees within the statutory parameters, see
    
    id. § 633.197,
    the statute requires the fees to be set by the court, not the
    attorney or personal representative, see 
    id. § 633.198.
    Furthermore, the
    statute does not contemplate court approval after the fee has been paid.
    See 
    id. Iowa Rule
    of Professional Conduct 32:1.15(c) requires any fees paid
    in advance to be deposited in a client trust account until earned or
    expenses incurred.     See also Iowa Ct. R. 45.7 (same).      Deposit slips
    clearly show the payment made for the Shepherd estate and two of the
    three payments for the Gergis estate were never deposited into her firm’s
    client trust account, but instead were deposited directly into the firm
    business account. A probate attorney may be paid one-half of the fees
    after the filing of state inheritance and federal estate tax returns, but the
    remainder is not to be paid until the final report is filed unless otherwise
    ordered by the court. 
    Id. r. 7.2(4).
    As no fees were approved by the court
    until 2008 for the Shepherd estate and 2013 for the Gergis estate, all
    four payments should have been held in the client trust account until
    approved. We find Bartley violated rule 32:1.15(c) by failing to deposit
    the client payments into the client trust account.
    Probate   fees   received   prematurely    are   prejudicial   to   the
    administration of justice.    Iowa Supreme Ct. Att’y Disciplinary Bd. v.
    Ackerman, 
    786 N.W.2d 491
    , 496–97 (Iowa 2010) (“Iowa Court Rule 7.2(4)
    9
    was enacted to promote the efficient administration of estates to ensure
    that the work was done prior to an attorney being paid.”). “An attorney
    who takes the entire fee in violation of rule 7.2(4) commits a violation of
    rule 32:1.5(a).”    Iowa Supreme Ct. Att’y Disciplinary Bd. v. Morris, 
    847 N.W.2d 428
    , 433 (Iowa 2014). Bartley took full payment for her services
    on both estates several years before filing the final reports or receiving
    court orders for the fees. A subsequent approval of the fees by the court
    does not excuse the violation.      
    Id. By taking
    fees years before court
    approval, Bartley violated Iowa Court Rule 7.2(4), Iowa Rule of
    Professional Conduct 32:1.5(a), and rule 32:8.4(d) in both the Shepherd
    estate and the Gergis estate.
    C. Misrepresentation. A lawyer has a duty to be truthful to the
    court on any fact or law, to offer no false evidence, and to correct any
    material false statements made to the court.          Iowa R. Prof’l Conduct
    32:3.3(a); 
    id. r. 32:8.4(c)
    (“It is professional misconduct for a lawyer to
    ...   engage   in    conduct    involving     dishonesty,   fraud,    deceit,   or
    misrepresentation[.]”). Further, misrepresentations to the court can be
    inherently prejudicial to the administration of justice by depriving the
    court of information necessary to make decisions fairly.             See Iowa R.
    Prof’l Conduct 32:3.3 cmt. 12 (“Lawyers have a special obligation to
    protect a tribunal against . . . fraudulent conduct that undermines the
    integrity of the adjudicative process . . . .”). “[H]onesty is crucial to the
    judicial process and the administration of justice . . . .” Iowa Supreme
    Ct. Bd. of Prof’l Ethics & Conduct v. Daggett, 
    653 N.W.2d 377
    , 380 (Iowa
    2002); cf. Iowa Supreme Ct. Att’y Disciplinary Bd. v. Fields, 
    790 N.W.2d 791
    , 796 (Iowa 2010) (finding misrepresentations to clients and court
    violated rules on prejudice to the administration of justice).         However,
    when an attorney violates a specific rule like 32:3.3, the same conduct
    10
    cannot be used to find a violation of a general rule like 32:8.4(c). Iowa
    Supreme Ct. Att’y Disciplinary Bd. v. Hearity, 
    812 N.W.2d 614
    , 621 (Iowa
    2012).
    Bartley made a series of knowing misrepresentations to her law
    firm and the court about the completed status of tax returns for the
    Shepherd estate and made a number of misrepresentations to the court
    over a period of years concerning tax issues, the status of creditor
    claims, and the progress of the Shepherd estate in the interlocutory
    reports filed periodically. Bartley continued to make misrepresentations
    even after she was under investigation by the Board.          Further, she
    fraudulently prepared documents to aid in her deceit to both the court
    and her firm.    We find these last deliberate misrepresentations to be
    violations of rule 32:3.3, and the misrepresentations in the interlocutory
    reports to be violations of rule 32:8.4(c).
    V. Sanction.
    In determining what sanctions should be imposed, we consider 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. 
    Wheeler, 824 N.W.2d at 511
    .
    Bartley and the Board stipulated to a sixty-day suspension of her
    license to practice law.     The commission decided not to follow the
    stipulation and recommended instead a suspension of Bartley’s license
    for 180 days, as well as a requirement that a practicing attorney in good
    standing act as a supervisor of Bartley’s cases following the suspension.
    There is no standard sanction for a particular type of case, but instead
    the sanction depends on the particular circumstances of the case.
    
    Morris, 847 N.W.2d at 435
    .
    11
    Our sanctions in neglect cases generally range from a public
    reprimand to a six-month suspension.                  Iowa Supreme Ct. Att’y
    Disciplinary Bd. v. Humphrey, 
    812 N.W.2d 659
    , 666–67 (Iowa 2012)
    (noting that when neglect is the primary violation, public reprimand is
    often the sanction chosen). “We consider any harm to the client caused
    by the neglect in determining the proper sanction.” 
    Thomas, 794 N.W.2d at 294
    . We also consider whether the neglect was an isolated case or if
    there were multiple instances of neglect.             Iowa Supreme Ct. Att’y
    Disciplinary Bd. v. Lickiss, 
    786 N.W.2d 860
    , 868–69 (Iowa 2010). Neglect
    compounded        by   other   offenses    can   result   in   suspensions    for
    “ ‘substantial lengths of time.’ ” Iowa Supreme Ct. Att’y Disciplinary Bd.
    v. Dolezal, 
    841 N.W.2d 114
    , 127 (Iowa 2013) (quoting 
    Hearity, 812 N.W.2d at 622
    ).
    “We expect honesty in all aspects of the practice of law.”           Iowa
    Supreme Ct. Att’y Disciplinary Bd. v. McGinness, 
    844 N.W.2d 456
    , 465
    (Iowa    2014).        When    an   attorney     is   found    to   have   made
    misrepresentations to the court and his or her law firm, sanctions often
    result in “ ‘a lengthy suspension.’ ” Iowa Supreme Ct. Bd. of Prof’l Ethics
    & Conduct v. Grotewold, 
    642 N.W.2d 288
    , 294 (Iowa 2002) (quoting Iowa
    Supreme Ct. Bd. of Prof’l Ethics & Conduct v. Stein, 
    603 N.W.2d 574
    , 576
    (Iowa 1999)). We have found that misrepresentation is “a serious breach
    of professional ethics, warranting a more serious sanction than neglect.”
    Iowa Supreme Ct. Att’y Disciplinary Bd. v. Gottschalk, 
    729 N.W.2d 812
    ,
    821 (Iowa 2007). Depending on the severity of the misrepresentations,
    we have imposed sanctions ranging from reprimand to license revocation.
    See Iowa Supreme Ct. Att’y Disciplinary Bd. v. Taylor, 
    814 N.W.2d 259
    ,
    266, 269 (Iowa 2012) (misrepresenting progress of work and neglect
    resulted in a public reprimand); Iowa Supreme Ct. Att’y Disciplinary Bd.
    12
    v. Hall, 
    728 N.W.2d 383
    , 387 (Iowa 2007) (“Dishonesty, deceit, and
    misrepresentation by a lawyer are abhorrent concepts to the legal
    profession, and can give rise to the full spectrum of sanctions, including
    revocation.”).
    Ethical violations involving fees and trust account violations have
    resulted in sanctions ranging from a public reprimand to license
    revocation.      Iowa Supreme Ct. Att’y Disciplinary Bd. v. Parrish, 
    801 N.W.2d 580
    , 588 (Iowa 2011).      Fees taken early in probate matters, if
    otherwise earned, normally result in a public reprimand. Iowa Supreme
    Ct. Bd. of Prof’l Ethics & Conduct v. Smith, 
    569 N.W.2d 499
    , 502–03 (Iowa
    1997). License revocation is the result when the violations rise to the
    level of misappropriation of a client’s funds.     Iowa Supreme Ct. Att’y
    Disciplinary Bd. v. Plumb, 
    766 N.W.2d 626
    , 634 (Iowa 2009). Multiple
    violations not resulting in misappropriation will often result in license
    suspension. 
    Parrish, 801 N.W.2d at 588
    .
    The combination of the three violations has resulted in a wide
    range of suspensions.        See, e.g., Van 
    Ginkel, 809 N.W.2d at 111
    (imposing        a   sixty-day   suspension      for   neglect,   knowing
    misrepresentations to the court, and early receipt of fees); Iowa Supreme
    Ct. Att’y Disciplinary Bd. v. Wagner, 
    768 N.W.2d 279
    , 287–88 (Iowa 2009)
    (suspending license for six months for neglect, misrepresentations, and
    taking unearned fees on probate estates); Iowa Supreme Ct. Att’y
    Disciplinary Bd. v. Casey, 
    761 N.W.2d 53
    , 62–63 (Iowa 2009) (imposing a
    three-month suspension for neglect, misrepresentation, and premature
    taking of probate fees); Iowa Supreme Ct. Att’y Disciplinary Bd. v.
    Van Beek, 
    757 N.W.2d 639
    , 643–44 (Iowa 2008) (suspending license for
    two years for multiple misrepresentations, including alteration of a will,
    collecting probate fee without court approval, trust account violations,
    13
    and neglect of client matters); Iowa Supreme Ct. Att’y Disciplinary Bd. v.
    Humphrey, 
    738 N.W.2d 617
    , 620–21 (Iowa 2007) (imposing a minimum
    six-month suspension for neglect and misrepresentations on six estates
    and premature fee taken on three estates); 
    Gottschalk, 729 N.W.2d at 821
    (suspending license for one year for neglect resulting in client harm
    and misrepresentations); Iowa Supreme Ct. Att’y Disciplinary Bd. v.
    Walker, 
    712 N.W.2d 683
    , 684–86 (Iowa 2006) (neglecting three estates, a
    deed issue, and misrepresentations resulted in a six-month suspension).
    Bartley has a number of mitigating factors in her favor in our
    consideration of sanctions. First, she has no prior disciplinary history
    during fifty-three years of practice.       See Iowa Supreme Ct. Att’y
    Disciplinary Bd. v. Bieber, 
    824 N.W.2d 514
    , 527 (Iowa 2012) (recognizing
    lack of prior discipline as an important mitigating factor). No substantial
    harm was done to the clients in either estate, and they are supportive of
    the legal work Bartley performed for them. See 
    McGinness, 844 N.W.2d at 467
    (noting lack of harm to client as a mitigating factor).      We also
    recognize the substantial service that Bartley has devoted to the Iowa
    State Bar Association and the leadership she has provided over the
    years. See Iowa Supreme Ct. Att’y Disciplinary Bd. v. Iversen, 
    723 N.W.2d 806
    , 811 (Iowa 2006) (finding devoted service to the profession a
    mitigating factor). Additionally, Bartley retired from the active practice of
    law as of January 1, 2014.
    Bartley self-reported to the Board, which is normally a mitigating
    factor.   See Iowa Supreme Ct. Att’y Disciplinary Bd. v. Thompson, 
    732 N.W.2d 865
    , 868–69 (Iowa 2007) (finding attorney’s recognition of
    wrongdoing is a mitigating factor). However, this mitigation is lessened
    somewhat when the self-reporting is at least in part motivated by
    knowledge that the law firm would otherwise be reporting the violation.
    14
    See Iowa Supreme Ct. Att’y Disciplinary Bd. v. Henrichsen, 
    825 N.W.2d 525
    , 530 (Iowa 2013) (noting that self-reporting could be motivated by a
    desire    to   avoid   a   report   by   others).      Further,   the   postreport
    misrepresentations to the court and Bartley’s law office were reported by
    a partner of the firm rather than Bartley.
    Aggravating factors are also present in this case.        One factor is
    Bartley is an experienced attorney.              See Iowa Supreme Ct. Att’y
    Disciplinary Bd. v. Dunahoo, 
    730 N.W.2d 202
    , 207 (Iowa 2007) (finding
    substantial experience is an aggravating factor). This experience should
    have guided her away from the violations that occurred in this case.
    Additionally, multiple violations of disciplinary rules generally support
    enhanced sanctions.        See 
    Parrish, 801 N.W.2d at 588
    (recognizing the
    possibility for enhanced sanctions for multiple violations). We have said
    multiple instances of neglect and other companion violations can be
    “[s]ignificant aggravating factors.”       
    Id. Moreover, misrepresentations
    made to a court exacerbate the breach of professional ethics. See Iowa
    Supreme Ct. Att’y Disciplinary Bd. v. Netti, 
    797 N.W.2d 591
    , 606 (Iowa
    2011) (finding misrepresentation to be both a violation itself and to
    aggravate other violations).         Further, Bartley continued to make
    misrepresentations to the court and her law firm of increasing magnitude
    even after notice of her violations and her self-report.
    We also observe that the misrepresentation was not only the most
    serious unethical conduct engaged in by Bartley, but measured against a
    career that spanned more than half a century, it appeared to be the most
    uncharacteristic. Bartley consciously engaged in the misrepresentation
    to cover up her neglect and, in the process, only elevated the seriousness
    of her conduct and the degree of sanctions we are responsible to impose.
    We have observed this result in other lawyer discipline cases, and it is
    15
    one that all lawyers who face the prospect of discipline would be better
    off avoiding.   See 
    McGinness, 844 N.W.2d at 458
    –59, 465 (describing
    increasingly fraudulent conduct resulting in escalating attempts to cover
    up a relatively minor initial violation); Iowa Supreme Ct. Att’y Disciplinary
    Bd. v. McCann, 
    712 N.W.2d 89
    , 95 (Iowa 2006) (“A lawyer violates our
    disciplinary rules when the lawyer lies to cover up misconduct.”); Iowa
    Supreme Ct. Bd. of Prof’l Ethics & Conduct v. Stein, 
    586 N.W.2d 523
    , 526
    (Iowa 1998) (“[T]he numerous misrepresentations made by Stein to cover
    up [his] neglect warrant a serious sanction.”).
    Considering all the relevant facts and circumstances, we agree
    with the recommendation of the commission that Bartley should receive
    a six-month suspension.         We give careful consideration to our
    commission’s recommendations. See Iowa Supreme Ct. Att’y Disciplinary
    Bd. v. Liles, 
    808 N.W.2d 203
    , 206 (Iowa 2012) (“[A]lthough we are not
    bound by the commission’s recommended discipline, we give its
    recommendation      our   respectful    consideration.”).     A   six-month
    suspension fairly balances the circumstances, as well as the mitigating
    and aggravating factors, and properly considers the goals behind the
    imposition of sanctions. The sanction also falls within the range imposed
    on attorneys in other cases of similar conduct.
    We conclude Bartley shall be suspended from the practice law in
    this state with no possibility of reinstatement for a period of six months.
    She shall comply with all the requirements associated with a suspension.
    The costs of this proceeding are taxed against Bartley pursuant to Iowa
    Court Rule 35.27(1).
    LICENSE SUSPENDED.
    

Document Info

Docket Number: 14–0757

Citation Numbers: 860 N.W.2d 331, 2015 Iowa Sup. LEXIS 20, 2015 WL 848156

Judges: Cady

Filed Date: 2/27/2015

Precedential Status: Precedential

Modified Date: 10/19/2024

Authorities (19)

Iowa Supreme Court Attorney Disciplinary Board v. Lickiss , 2010 Iowa Sup. LEXIS 87 ( 2010 )

IOWA SUP. CT. ATTY. DISC. BD. v. Gottschalk , 729 N.W.2d 812 ( 2007 )

Iowa Supreme Court Board of Professional Ethics & Conduct v.... , 1998 Iowa Sup. LEXIS 277 ( 1998 )

Iowa Supreme Court Attorney Disciplinary Board v. Dunahoo , 2007 Iowa Sup. LEXIS 51 ( 2007 )

IA SUPREME CT. ATTY. DISC. BD. v. Thompson , 732 N.W.2d 865 ( 2007 )

Iowa Supreme Court Attorney Disciplinary Board v. Hall , 2007 Iowa Sup. LEXIS 33 ( 2007 )

Iowa Supreme Court Board of Professional Ethics & Conduct v.... , 1997 Iowa Sup. LEXIS 272 ( 1997 )

Iowa Supreme Court Attorney Disciplinary Board v. Humphrey , 2007 Iowa Sup. LEXIS 105 ( 2007 )

Iowa Supreme Court Attorney Disciplinary Board v. Ackerman , 2010 Iowa Sup. LEXIS 84 ( 2010 )

Iowa Supreme Court Attorney Disciplinary Board v. Iversen , 2006 Iowa Sup. LEXIS 156 ( 2006 )

Iowa Supreme Court Board of Professional Ethics & Conduct v.... , 1999 Iowa Sup. LEXIS 308 ( 1999 )

Iowa Supreme Court Attorney Disciplinary Board v. Walker , 2006 Iowa Sup. LEXIS 51 ( 2006 )

Iowa Supreme Court Attorney Disciplinary Board v. Wagner , 2009 Iowa Sup. LEXIS 58 ( 2009 )

Iowa Supreme Court Board of Professional Ethics & Conduct v.... , 2002 Iowa Sup. LEXIS 40 ( 2002 )

Iowa Supreme Court Board of Professional Ethics & Conduct v.... , 2002 Iowa Sup. LEXIS 242 ( 2002 )

Iowa Supreme Court Attorney Disciplinary Board v. Plumb , 2009 Iowa Sup. LEXIS 49 ( 2009 )

IA S. CT. ATTY. DISCIPLINARY BD. v. McCann , 712 N.W.2d 89 ( 2006 )

Iowa Supreme Court Attorney Disciplinary Board v. Casey , 2009 Iowa Sup. LEXIS 13 ( 2009 )

Iowa Supreme Court Attorney Disciplinary Board v. Van Beek , 2008 Iowa Sup. LEXIS 155 ( 2008 )

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