Iowa Supreme Court Attorney Disciplinary Board v. D'Angelo

710 N.W.2d 226 (Iowa 2006) · Supreme Court of Iowa · February 24, 2006 · No. No. 05-1589

Summary

The Supreme Court of Iowa reviewed attorney disciplinary charges against N. Michael D'Angelo, including misappropriation and mishandling of client funds, practicing law while suspended, neglect of client matters, misrepresentations, and failure to cooperate with disciplinary authorities. The court found the violations proven by a convincing preponderance of the evidence and revoked D'Angelo's license to practice law.

Holdings

  1. A suspended lawyer violates Iowa disciplinary rules by meeting with clients, holding himself out as a lawyer, accepting or billing for legal services, or attempting to continue an ordinary law practice through another lawyer while the suspension remains in effect.
  2. Unjustified delay in responding to complaints from the Attorney Disciplinary Board violates the Iowa disciplinary rules, even when the lawyer responds to a Client Security Commission inquiry.
  3. Client funds paid in advance must remain in a trust account until earned, and a lawyer may not take probate fees before obtaining court authorization.
  4. Repeated unexplained disappearance or conversion of client funds, together with conduct showing intentional control over and deprivation of those funds, constitutes intentional misappropriation and supports revocation of the lawyer's license.
  5. Revocation is warranted when an attorney's repeated intentional misappropriation, practice while suspended, neglect, misrepresentations, failure to cooperate, and prior disciplinary history demonstrate that the public will not be protected by allowing the attorney to practice law.

Questions Presented

  1. Whether the Board proved by a convincing preponderance of the evidence that D'Angelo violated the Iowa ethical rules by practicing law while suspended.
  2. Whether D'Angelo violated the ethical rules by failing to cooperate with the Attorney Disciplinary Board.
  3. Whether D'Angelo made material misrepresentations to a probate court and neglected a client's legal matter.
  4. Whether D'Angelo violated trust-account rules and probate-fee requirements by taking, commingling, failing to account for, and misappropriating client or estate funds.
  5. What discipline was warranted in light of the number and seriousness of the violations and D'Angelo's prior disciplinary history.

Disposition

other

Cases Cited (21)

  • Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. D'Angelo, 619 N.W.2d 333, 337-39 (Iowa 2000)(followed and applied)
  • Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. D'Angelo, 652 N.W.2d 213, 215-16 (Iowa 2002)(followed and applied)
  • Iowa Supreme Ct. Attorney Disciplinary Bd. v. Kadenge, 706 N.W.2d 403, 405-06, 408 (Iowa 2005)(followed)
  • Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Bell, 650 N.W.2d 648, 650 (Iowa 2002)(followed)
  • Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Lett, 674 N.W.2d 139, 142 (Iowa 2004)(followed)
  • Benton County Sav. Bank v. First Nat'l Bank, 179 Iowa 993, 996, 162 N.W. 204, 205 (1917)(followed)
  • Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Apland, 599 N.W.2d 453, 455 (Iowa 1999)(followed)
  • Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Kallsen, 670 N.W.2d 161, 167 (Iowa 2003)(followed)
  • Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Herrera, 560 N.W.2d 592, 594 (Iowa 1997)(followed)
  • Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Sullins, 648 N.W.2d 127, 134 (Iowa 2002)(followed)

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