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Iowa Supreme Court Board of Professional Ethics and Conduct v. Daggett11/14/2002
Another aggravating circumstance is the fact that Daggett's neglect of Birden's case harmed his client. Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Jay, 606 N.W.2d 1, 4 (Iowa 2000) (harm to client is an aggravating factor warranting more serious sanction). Daggett admits his neglect caused Birden's appeal to be dismissed for want of prosecution. As a direct consequence of the dismissal of the certiorari matter, Birden's appeal bond was revoked and he was taken back into custody.
Daggett not only neglected his client, but tried to conceal his neglect by lying to the court. Neglect standing alone typically warrants discipline ranging from a public reprimand to a six-month suspension. Hohenadel, 634 N.W.2d at 655 (citing Freeman, 603 N.W.2d at 603). When neglect is compounded by an attorney's misrepresentation, however, a more severe sanction is necessary. Id.; see also Grotewold, 642 N.W.2d at 294 (sixty-day suspension for misrepresentation and neglect where record did not indicate link between serious depression and falsehoods on the court); Rauch, 650 N.W.2d at 580 (one-year suspension for misrepresentation, neglect and improper ex parte communications); Hohenadel, 634 N.W.2d at 652 (four-month suspension for neglect of appeal and misrepresentation to the court). Daggett's misconduct is compounded by his failure to respond to the court order and his failure to cooperate with the Board. See Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Sullins, 648 N.W.2d 127, 135-36 (Iowa 2002).
We conclude the facts warrant suspension of Daggett's license to practice law. We suspend his license with no possibility of reinstatement for a period of sixty days from the date of the filing of this opinion. We shall reinstate Daggett's license to practice law on the day after the sixty-day suspension period expires. See Iowa Ct. R. 35.12(2). The costs of this action are assessed against Daggett in accordance with Iowa Court Rule 35.25. Automatic reinstatement shall not be ordered until all costs assessed have been paid. Id.
LICENSE SUSPENDED.
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