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Iowa Supreme Court Board of Professional Ethics and Conduct v. Reese2/26/2003
Reese has not appealed from the Commission's recommendation under Iowa Court Rule 35.11. Nevertheless, our review is de novo. Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Hansel, 558 N.W.2d 186, 187 (Iowa 1997). We give respectful consideration to the Commission's recommendations, but we ultimately decide what discipline is appropriate under the unique facts of each case. Id. The Board must prove its allegations of lawyer misconduct by a convincing preponderance of the evidence. Id.
IV. Ethical Violations.
We agree with the Commission that the Board proved by a convincing preponderance of the evidence Reese violated the disciplinary rules cited by the Commission in support of its conclusions. Specifically, the record evidence establishes that Reese (1) neglected the legal matters of his clients who filed complaints, (2) misappropriated funds and failed to account for and return clients' properties, (3) improperly obtained probate fees, (4) disregarded a court order, (5) made misrepresentations to a client, and (6) failed to respond to the Board's inquiries. We turn now to a determination of the appropriate discipline.
V. Discipline.
When determining the appropriate discipline, we consider the purposes of attorney disciplinary proceedings: protecting the courts and the public from persons unfit to practice law, vindicating public confidence in the integrity of our system of justice, and deterring other lawyers from similar misconduct. Id. at 192.
We agree with the Commission that Reese's misappropriation of client funds, when considered along with Reese's numerous other violations of the disciplinary rules, his repeated failure to respond to the Board's inquiries, and his previous suspension for failing to comply with CLE reporting requirements warrant revocation. We have revoked an attorney's license under similar circumstances. See, e.g., Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Sullins, 648 N.W.2d 127, 132-36 (Iowa 2002) (license revoked where attorney with a record of prior attorney disciplinary actions neglected clients' legal matters, failed to deposit advance payments of fees into trust account, and collected excessive fees); Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Leon, 602 N.W.2d 336, 338-39 (Iowa 1999) (license revoked where attorney repeatedly neglected clients' legal matters, misappropriated client trust funds, misrepresented to clients the status of their cases, and made dishonest statements to law partners and judge to cover up his wrongdoing); Committee on Prof'l Ethics & Conduct v. Peterson, 524 N.W.2d 176, 178-79 (Iowa 1994) (revocation warranted where attorney with prior disciplinary record failed to file suit on client's behalf, made misrepresentations to client, collected illegal fees, failed to inform clients of dismissal of case, failed to return client funds, misappropriated client funds, and failed to respond to inquiries by the Committee).
Costs are assessed to Reese pursuant to Iowa Court Rule 35.25.
LICENSE REVOKED.
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