Summary
The Iowa Supreme Court reviewed attorney disciplinary proceedings against Douglas D. Daggett for neglecting a client's appeal, misrepresenting the status of an application to the court, and failing to respond to court and disciplinary inquiries. The court found violations of multiple Iowa disciplinary rules and suspended Daggett's license to practice law for sixty days, subject to payment of assessed costs.
Holdings
- Daggett violated DR 1-102(A)(5) and (6), DR 6-101(A)(3), and DR 7-101(A) by failing to file the certiorari petition, failing to respond to the clerk's default notice, and failing to pursue reinstatement of the appeal.
- Daggett violated DR 1-102(A)(4) by falsely representing that he had filed an application to reinstate the certiorari proceedings when he had only prepared it.
- Daggett violated DR 1-102(A)(5) and (6) and DR 7-106(A) by failing to comply with the district court's clear order to file a written response and by failing to respond to the Board's inquiries.
- Daggett's license to practice law was suspended for sixty days, with reinstatement permitted after the suspension period subject to payment of costs and the exceptions governing automatic reinstatement.
Questions Presented
- Whether Daggett committed professional misconduct by neglecting his client's legal matters and failing to comply with appellate deadlines.
- Whether Daggett committed professional misconduct by knowingly misrepresenting to a court that an application for reinstatement had been filed.
- Whether Daggett committed professional misconduct by failing to comply with a court order and failing to respond to the Board's disciplinary inquiries.
- What sanction was appropriate in light of the violations, aggravating circumstances, and mitigating circumstances.
Disposition
other
Cases Cited (13)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Rauch, 650 N.W.2d 574, 576 (Iowa 2002)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Grotewold, 642 N.W.2d 288, 293 (Iowa 2002)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Hohenadel, 634 N.W.2d 652, 653-56 (Iowa 2001)(followed)
- Comm. on Prof'l Ethics & Conduct v. Thomas, 495 N.W.2d 684, 686 (Iowa 1993)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Adams, 623 N.W.2d 815, 818-19 (Iowa 2001)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Stein, 603 N.W.2d 574, 576 (Iowa 1999)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Alexander, 574 N.W.2d 322, 326-27 (Iowa 1998)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Lesyshen, 585 N.W.2d 281, 288 (Iowa 1998)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Freeman, 603 N.W.2d 600, 603 (Iowa 1999)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Sherman, 637 N.W.2d 183, 187 (Iowa 2001)(followed)
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