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COMMITTEE ON PROF. ETHICS & CONDUCT v. PETERSON11/23/1994
The main question here is what action is appropriate upon our de novo review of the report of our Grievance Commission in this attorney disciplinary proceeding involving respondent Dennis D. Peterson. We revoke respondent's license to practice law in Iowa.
I. Background facts and proceedings. Dennis D. Peterson has at various times been licensed to practice law in our courts and has maintained a law practice in Forest City.
Beginning in the early 1980s and continuing until the early 1990s, Peterson seriously mishandled several of his clients' affairs. We briefly discuss each incident.
A. David J. Rezac. In the early 1980s, David J. Rezac retained Peterson for the purpose of filing a federal lawsuit with respect to a 1981 crop loss Rezac had sustained. Over the course of the next several years, Peterson falsely and repeatedly assured Rezac that suit had been filed, that court dates had been set and then rescheduled, and that the matter would be coming to trial. Peterson even scheduled meetings on at least two occasions with Rezac to prepare him for his testimony at the allegedly impending trial.
Later, in the summer of 1991, Rezac learned that Peterson had never filed suit in the matter. As a result of Peterson's failure to file suit and his misrepresentations to Rezac, the statute of limitations ran on Rezac's claim.
B. Geneva and Thelford Brekke. As counsel for both the estate of Thelford Brekke's spouse, Geneva Brekke, and later for the estate of Thelford Brekke, Peterson acted unprofessionally and received unauthorized fees.
1. In approximately July 1988, Thelford Brekke retained Peterson to handle the estate of his decedent spouse, Geneva Brekke. On two separate occasions, Peterson requested and received fees regarding Geneva Brekke's estate which had not been authorized.
First, in November 1988, Peterson requested and received from Brekke $2189 for [524 NW2d Page 177]
what Peterson described to Thelford Brekke as "estate fees." However, Peterson had neither sought nor received prior court authorization for probate fees at the time Brekke made the $2189 payment.
Second, on May 14, 1991, Peterson filed applications for attorney fees and executor fees with respect to the Geneva Brekke estate. Each was approved by the court in the amount of $1850. The executor, however, had not requested fees and never received them.
Furthermore, Peterson failed to timely close the Geneva Brekke estate.
2. Following his mishandling of the estate of Geneva Brekke, Peterson became counsel for the estate of Thelford Brekke. Once again, Peterson accepted funds without court authorization. Specifically, on July 20, 1989, Peterson received and cashed a check in the amount of $4156 from the executor of Thelford Brekke's estate. Peterson's acceptance of the check was without prior or subsequent court authorization.
Moreover, Peterson failed to complete all of the necessary work on the Thelford Brekke estate.
C. Tom and Nancy Reuter. In 1988, Tom and Nancy Reuter employed Peterson to handle their medical malpractice case. Peterson filed suit in the matter in October 1988. On a motion for summary judgment, the Reuters' suit was dismissed in January 1990. Peterson failed to advise the Reuters of this dismissal of their suit and falsely told them that the matter was set for trial in September 1992.
D. Stella Demo. In March 1991, Stella Demo consulted Peterson about representing her in an uncontested dissolution of marriage action and, in September 1991, she gave Peterson a $500 retainer. Although the Demo dissolution was obtained without contest in
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