Iowa Supreme Court Attorney Disciplinary Board v. Royce D. Turner

Summary

The Iowa Supreme Court reviewed disciplinary findings against Royce D. Turner arising from repeated failures to appear, missed deadlines, inadequate bankruptcy filings, mishandling of client funds, and noncooperation with disciplinary and trust-account audits. The court conducted a de novo review and concluded that Turner violated numerous Iowa Rules of Professional Conduct. It suspended his license to practice law for one year from the date of the opinion, subject to conditions on reinstatement.

Holdings

1. Turner violated multiple Iowa professional-conduct and court rules, including rules governing diligence, client communication, expediting litigation, safeguarding client property, trust-account deposits and records, competence, fees, frivolous filings, candor, responses to disciplinary authorities, dishonesty, conduct prejudicial to the administration of justice, and cooperation with client-security investigations and audits.
2. An attorney may not avoid trust-account requirements merely by labeling advance payments, appearance fees, or special retainers as immediately vested or earned. Advance fees must be deposited into the client trust account and may be withdrawn only as earned, subject to the applicable notice, accounting, and refund requirements.
3. A one-year disciplinary suspension from the date of the opinion was appropriate, with reinstatement conditioned on proof of mental-health fitness, completion of specified continuing legal education, and payment of specified court-ordered sanctions, fines, costs, and client-related amounts.

Questions Presented

1. Whether Turner violated the Iowa Rules of Professional Conduct and Iowa Court Rules through neglect, inadequate client communication, trust-account violations, incompetence, unreasonable fees, frivolous filings, lack of candor, failure to respond to disciplinary authorities, dishonesty, conduct prejudicial to the administration of justice, and failure to cooperate with a client-security audit.
2. What disciplinary sanction was appropriate in light of the nature and duration of the misconduct, client harm, aggravating and mitigating factors, and Turner's prior interim suspension.

Disposition

other