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IOWA SUPREME COURT v. HOFFMAN12/24/1997
d the fact that respondent's actions did not prompt Farmland to voluntarily admit compensability and begin payment particularly important to our finding.
IV. Respondent requests leniency in this matter, arguing that mitigating factors exist which make a six-month suspension unwarranted. The alleged mitigating factors include the substantial benefit received by the client, the substantial amount of work performed by respondent, and the fact that Jahde was satisfied with respondent's work. While Jahde did receive workers' compensation benefits, the benefits she received were not the result of respondent's efforts. Farmland acknowledged compensability before it even knew Jahde was represented by counsel. With regard to the amount of time spent by respondent on this matter, we noted above that the total amount of time spent working on the workers' compensation claim was approximately twenty hours. While many more hours were spent working on Jahde's other potential claims, the petition for partial commutation sought fees only for the work done on the workers' compensation claim. Only later, and without notice to the deputy industrial commissioner, did respondent claim that part of the fee sought would apply to work done on the other claims. We find respondent's argument that he performed a substantial amount of work on these matters to be unavailing. Respondent also alleges that because his client was satisfied with his work, there is no cause for discipline. The board has satisfied its burden of proving respondent violated this state's rules of professional conduct for attorneys. The fact that his client may have been satisfied with his work has no bearing on this matter.
The members of the grievance commission heard respondent's proffered reasons for seeking the partial commutation as well as testimony on the alleged mitigating factors firsthand and were unconvinced. Respondent's ethical violation in attempting to collect an excessive fee is compounded by his attempt to mislead the grievance commission and this court with untenable excuses for seeking such a fee. We also note that respondent was previously publicly reprimanded by our court in Committee on Professional Ethics & Conduct v. Hoffman, 402 N.W.2d 449 (Iowa 1987). We have repeatedly held, and our rules provide, that prior disciplinary action bears on the decision in a subsequent case involving the same lawyer. [572 NW2d Page 910]
Zimmerman, 465 N.W.2d at 293; Iowa Sup. Ct. R. 118.7. We find that a six-month suspension of respondent's license is fully justified under the record before us.
We order respondent's license to practice law in this state suspended indefinitely with no possibility of reinstatement for six months. Upon any application for reinstatement, respondent shall bear the burden of proving that he has not practiced law during the period of suspension and that he has in all respects complied with the requirements of Iowa Supreme Court rules 118.12 and .13. Costs are taxed to the respondent pursuant to Iowa Supreme Court rule 118.22.
LICENSE SUSPENDED.
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