Iowa Supreme Court Attorney Disciplinary Board v. Michael Hocine Said

Summary

The Iowa Supreme Court reviews attorney disciplinary proceedings involving Michael Hocine Said's representation of a client in immigration removal proceedings. The court finds violations involving failure to communicate with the client, making a false statement to a tribunal, and improper trust-account and fee practices. The court suspends Said's Iowa law license for thirty days and assesses costs against him.

Holdings

1. Said violated Iowa Rule of Professional Conduct 32:1.4(a)(3) by failing to keep Hernandez reasonably informed about the status of his removal case after the appeal deadline was missed.
2. Said violated Iowa Rule of Professional Conduct 32:1.4(b) by failing to explain the missed deadline and available course of action sufficiently for Hernandez to make an informed decision about the representation.
3. Said violated Iowa Rule of Professional Conduct 32:3.3(a)(1) by knowingly representing to the tribunal that he was preparing and would forward an ethics notice when he was not in fact preparing one.
4. Said violated Iowa Rule of Professional Conduct 32:1.15(c) by withdrawing portions of the advance flat fee before they were earned.
5. Said violated Iowa Rule of Professional Conduct 32:1.15(f) by failing to comply with Iowa Court Rules 45.2(2) and 45.7(4), including the duties to maintain complete records, account for client property, and notify the client of trust-account withdrawals.
6. A thirty-day suspension of Said's license to practice law was appropriate.

Questions Presented

1. Whether Said violated the duty to keep his client reasonably informed by failing to timely communicate the removal order and missed appeal deadline.
2. Whether Said violated the duty to explain matters reasonably necessary for Hernandez to make informed decisions about the representation.
3. Whether Said knowingly made a false statement to the Board of Immigration Appeals regarding preparation and forwarding of an ethics complaint.
4. Whether Said violated the rule requiring withdrawal of advance fees only as earned.
5. Whether Said violated Iowa court rules governing client-property records, trust-account withdrawals, client notification, and accounting.
6. What sanction was appropriate for the established misconduct.

Disposition

other