 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
IOWA SUPREME COURT BD. v. GOTTSCHALK9/18/1996
ear upon the attorney's character."). The two reprimands involved Gottschalk's neglect of client matters.
In the past, we have consistently revoked the license of the offending lawyer in misappropriation cases. See, e.g., Committee on Professional Ethics & Conduct v. Fugate, 394 N.W.2d 408, 410 (Iowa 1986) ("Our decisions consistently hold that revocation, rather than suspension, is the appropriate discipline for the commingling and conversion of client funds."). We have, however, meted out a less severe sanction than revocation in these instances. See, e.g., Committee on Professional Ethics & Conduct v. Harris, 524 N.W.2d 179, 180-81 (Iowa 1994) (misconduct including failure to advise client of legal affairs, withdrawal from trust to pay fees without express direction, replacing withdrawal by paying client from trust funds belonging to other clients, and failure to cooperate with disciplinary investigation warranted three-year suspension); Committee on Professional Ethics & Conduct v. Rauch, 486 N.W.2d 39, 40 (Iowa 1992) (misappropriation of testamentary trust funds, collection of conservatorship fee without court approval, maintenance of disorganized client trust accounts, undignified and discourteous conduct toward tribunal and mishandling of adoption proceeding warranted one-year suspension).
The commission recognized that we routinely revoke licenses of lawyers who convert funds entrusted to them. But the commission gave these reasons for not recommending revocation:
This Division of the Grievance Commission has found serious violations of DR 9-102(A) and DR 1-102(A)(3) and (4), but because of the fact that no client funds were lost and no parties were harmed, and [Gottschalk] does appear to maintain his accounts in good order, and we are not apprised of any other behavior of that nature by [Gottschalk], and [Gottschalk] does seem to enjoy a good reputation in the community and his peers for honesty, it is believed that revocation or disbarment would not be justified here even though suggested by [past cases].
The commission's thoughtful explanation is convincing. We are inclined to let the recommendation stand and not revoke. We therefore accept the commission's recommendation and suspend Gottschalk's license to practice law indefinitely with no possibility of reinstatement for one year. This suspension shall apply to all facets of the practice of law. See Iowa Sup. Ct. R. 118.12. Upon application for reinstatement, Gottschalk shall have the burden to prove that he (1) has not practiced law during the period of suspension and (2) has met the requirements for client notification and disengagement from the practice set forth in Iowa Supreme Court Rules 118.13 and 118.18. The costs of this proceeding are assessed to Gottschalk. Iowa Sup. Ct. R. 118.22.
LICENSE SUSPENDED.
|