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Iowa Supreme Court Attorney Disciplinary Board v. Sotak11/18/2005
Grievance Commission reports that respondent has committed ethical misconduct and recommends suspension of respondent's license to practice law. LICENSE SUSPENDED.
The Iowa Supreme Court Board of Professional Ethics and Conduct charged Ronald M. Sotak with numerous violations of the Iowa Code of Professional Responsibility for Lawyers. The Grievance Commission of the Supreme Court of Iowa, upon reviewing a joint stipulation of facts from Sotak and the Board, found Sotak violated the Code and recommended an indefinite suspension of not less than two years. We review this matter pursuant to Iowa Court Rule 35.10 and agree with the Commission's findings and recommended sanction.
I. Facts and Background
Sotak graduated from Drake University Law School in 1992. Upon graduation, he worked as a prosecutor for the Story County Attorney's office. He then worked briefly as an Assistant Iowa Attorney General. In 1997, he began employment at the Newbrough, Johnston, Brewer, Maddux & Krauth law firm (Newbrough law firm) in Ames. In 2001, he left the Newbrough law firm and joined the law firm of Zarley, McKee, Thomte, Voorhees & Sease (Zarley law firm) in Des Moines. The majority of the matters investigated by the Board pertain to the period surrounding the end of Sotak's employment at the Newbrough law firm and his transition to the Zarley law firm.
The Board filed this complaint with the Grievance Commission in November of 2004. Sotak and the Board signed a joint stipulation on April 29, 2005. Both parties waived the hearing, and agreed to submit the matter to the Commission on the basis of the stipulation, complaint, and corresponding exhibits. The joint stipulation indicated Sotak cooperated with the Board's investigation and had no prior record of ethical violations. The stipulation recommended an indefinite suspension of Sotak's Iowa law license with no possibility of reinstatement for at least two years.
Based on this stipulation, the Grievance Commission found Sotak's conduct violated the Disciplinary Rules designated in the complaint and recommended an indefinite suspension of Sotak's law license with no possibility of reinstatement for at least two years.
II. Standard of Review
We review attorney disciplinary proceedings de novo. Iowa Ct. R. 35.10(1). The Board has the burden to prove disciplinary violations by a convincing preponderance of the evidence. Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Williams, 675 N.W.2d 530, 531 (Iowa 2004). We will decide the matter by taking into consideration the factual findings and disciplinary recommendation made by the Commission. Id. We may impose a lesser or greater sanction than the discipline recommended by the Grievance Commission. Iowa Ct. R. 35.10(1).
III. Findings and Ethical Violations
Sotak admitted all of the factual claims and ethical violations made against him by the Board. We find convincing evidence to prove the following:
A. Ross and Haggard Matter
Sotak undertook representation of Dale Ross and Frank Haggard by filing a lawsuit on their behalf against the State of Iowa and Iowa State University. This lawsuit was dismissed without prejudice for want of prosecution in January of 2001 pursuant to Iowa Rule of Civil Procedure 215.1. Sotak failed to appeal the dismissal and did not tell either client their lawsuit had been dismissed. Sotak then took the case file with him to the Zarley firm without notifying or obtaining consent from either client. The Zarley firm precluded Sotak from further representation of Ross and Haggard, but Sotak did not tell his clients they needed to hire different counsel
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