If you change your address or phone number, let your lawyer know right away. Jaybird Senior Living does not yet have an attorney listed representing it, and a message to the company about the suit also was not returned. Court: Eighth Circuit Iowa US District Court for the Southern District of Iowa. Johnson was only convicted once of driving while under revocation, but the stipulated record indicates that he did so on three occasions. Once again, law enforcement found controlled substancesincluding methamphetaminein the vehicle. It was only when she called again in late March that she was told the investigation had been completed, and she had been fired. at 651. 124.401(5). In Weaver, the attorney had a longstanding problem with alcohol abuse and a long list of past disciplinary and legal problems. 812 N.W.2d at 15. Ct. Att'y Disciplinary Bd. 2023 Dentons. 749 N.W.2d 666, 669 (Iowa 2008). Brueggeman v. Osceola County. Nor were they the only ones who failed to respond to warnings. v. Akpan, 951 N.W.2d 440, 45657 (Iowa 2020) (stating a lack of prior discipline is a mitigating circumstance). Pertinent considerations include the lawyer's mental state; the extent to which the act demonstrates disrespect for the law or law enforcement; the presence or absence of a victim; the extent of actual or potential injury to a victim; and the presence or absence of a pattern of criminal conduct. The board has the burden to prove disciplinary violations by a convincing preponderance of the evidence. In recognition of this fact, we recently adopted a requirement that all Iowa attorneys complete one hour of continuing legal education annually in either diversity and inclusion or attorney wellness. Iowa Ct. R. 42.2(1). By the time of our decision, the attorney had been under a disability suspension for about seventeen months. Gailey, 790 N.W.2d at 806. William Morris covers courts for the Des Moines Register. The Supreme Court is not obligated to accept the commission's disciplinary recommendations and will issue its own ruling at a later date. We do believe, however, Gailey's conduct went farther than just explaining the consequence of Dawn's testimony. The board recommended the commission ask the court to suspend OBriens license for 18 months; the commission recommended a license revocation. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. Id., cmt. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Accordingly, offering Dawn a favorable dissolution settlement is an inducement prohibited by law and a violation of rule 32:3.4(b). If the Board decides to impose a private admonition or recommend public reprimand, you will be so notified following a slight delay during which the lawyer is advised of the Boards decision. . The disciplinary case marks the second time Fisher has been accused of ethics violations. More: 'She was screaming in pain': Iowa nursing home cited for gangrene and death. Denis violated the no-contact order by having his father deliver the letter to Dawn. Iowa Supreme Court Ethics Commission Nursing board Any administrative agency Our established Des Moines law firm is well-equipped to help you pursue the most favorable outcome your case allows. Id. The Attorney Disciplinary Board has no jurisdiction of a negligence claim. . Iowa R. Profl Conduct 32:8.4(a). Case No. 124.401(5) (2021). The first is the Attorney Disciplinary Board. endobj Helpful information about choosing and working with an attorney. Click here for the Board's current informational brochure. Deputy Editor Clark Kauffman has worked during the past 30 years as both an investigative reporter and editorial writer at two of Iowas largest newspapers, the Des Moines Register and the Quad-City Times. See id. OBrien also failed to respond to the Attorney Disciplinary Boards inquiries about the case and failed to appear when the board brought the case before the Grievance Commission for a hearing. On August 4, Johnson resolved the Jasper County case by pleading guilty to both the possession of methamphetamine first offense and driving while revoked charges. Although McFadden's cases aren't part of the Grievance Commission's case, court records show Leitner has run into difficulty there as well. Id. The conduct of an attorney helping another person violate a court order evidences the attorney's disrespect for a lawful order of the court. Iowa Supreme Ct. Att'y Disciplinary Bd. Upon our review, we concur the respondent violated our ethical rules and suspend his license to practice law for sixty days. Therefore, we find Gailey's conduct in communicating with Dawn violated rule 32:4.2(a). Write to your lawyer and ask for a written explanation. Following his discharge, the attorney did not report for supervision, and a warrant was issued for his arrest. In accordance with Iowa Code 21.5(1)(a) & (d) and 272C.6(4), the Board will go into closed session to review or discuss records which are required or authorized by state or federal law to be kept confidential, or pending licensee discipline cases and investigations, including any cases ready for final resolution through closure or consent . Ct. Att'y Disciplinary Bd. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, vs. ANDREW GATTON AEILTS, Appellant. Oxley, J., delivered the opinion of the court, in which all justices joined. By contrast, Johnson has no prior disciplinary history and has taken steps to overcome his addiction to controlled substances. . Due to his substance abuse and disregard of the law, Johnson was convicted in five separate criminal cases over the course of a year. For subscribers: 'Call lights not being answered for hours': Iowa nursing homes can't find staff to stay open. Ct. Att'y Disciplinary Bd. 2. As the comment to the rule explains, "[f]air competition in the adversary system is secured by prohibitions against destruction or concealment of evidence, improperly influencing witnesses, obstructive tactics in discovery procedure, and the like." How long will the matter take? O. In an attorney disciplinary action, the grievance commission recommends six-month suspension for the attorney's violation of rules of professional conduct. Six weeks later, he violated his parole again and was sent to prison. If it determines the violation was of a more serious nature, it may recommend a public reprimand to the Supreme Court or the Board itself may become the complainant in a proceeding before the Grievance Commission. Iowa nursing home shortage causing families to live hours apart. Counsel represented her in the dissolution matter. [A]n attorney who commits a criminal act reflecting adversely on his or her fitness as a lawyer may be found to have violated rule 32:8.4(b) even if the authorities never charged the attorney with a crime. Iowa Sup. Sarah has also argued cases before the Iowa Court of Appeals, the Supreme Court of Iowa, and the Eighth Circuit Court of Appeals. At the meeting, Gailey provided Dawn with a letter from Denis. We review lawyer disciplinary proceedings de novo. First, because Johnson had previously dropped out of treatment, the commission deemed Johnson's completion of the eight-month Bridges of Iowa program to be only a neutral factor. Iowa Supreme Court Attorney Disciplinary Board v. Andrew Aeilts Annotate this Case Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! We also recognize in the case of expert witnesses, experts should receive reasonable compensation from an attorney for the expert's time in preparing and testifying at trial. Id. A few weeks thereafter, on March 18, a bench warrant was issued in the Dallas County case when Johnson failed to appear for a pretrial conference. Later, the client posted a negative review of Fisher online, to which Fisher responded, We terminated your exs parental rights. Fisher has challenged the commissions recommendations, filing a motion asking the Iowa Supreme Court to set aside the commissions findings and recommendations due to a missed deadline. On February 13, 2021, a state trooper stopped Johnson on Interstate 80 in Jasper County because he was driving under revocation. Clarity provides guidance on this point. 785-435-8200. Johnson was again arrested for OWI. A year later, the attorney possessed and used cocaine again and was ordered to enter an inpatient program. Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Board's jurisdiction. Eventually, in mid-2021, the attorney entered an intensive drug-treatment program pursuant to court order. The Iowa Supreme Court Attorney Disciplinary Board charged attorney Tarek A. Khowassah with violating the rule of professional conduct pertaining to criminal acts. Four months after taking the case, Fisher accepted a corporate job, and three days before a scheduled court hearing on the parental-rights issue, he told the couple he was longer practicing law. Iowans value integrity in their government. v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010) (The mere commission of a criminal act does not necessarily reflect adversely on the fitness of an attorney to practice law.). Most complaints are filed by clients, but this is not a requirement. After making his initial appearance in the case, according to the board, OBrien never filed any paperwork in the matter and never communicated again with Krull, despite the clients numerous phone calls and visits to his office. Assistant Attorney General, Hoover State Office Building 2nd Floor, Iowa 3 Attorney General's Office, 1305 E. Walnut St., Des Moines, Iowa 50319; or via email to katie.carl@ag.iowa.gov. Mr. Sporer will bring the ability to impact the law to your case even when the existing law is against you. Criminal conduct outside of an attorney's law practice can certainly be a basis for sanctions, but context is relevant. 124.401(5); id. To prove a violation of rule 32:8.4(b) the board must show some rational connection between the attorney's conduct and the attorney's fitness to practice law other than the criminality of the act. See Iowa Sup. We have interpreted our prior rule to prohibit an attorney from communicating with an adverse party represented by counsel concerning litigation or a transactional matter unless the attorney for the adverse party gives the opposing attorney permission to talk to the adverse party. Id. Graen's Mens Wear, Inc. v. Stille-Pierce Agency, 329 N.W.2d 295, 300 (Iowa 1983). 321J.21. A summary of Iowa's attorney disciplinary procedures. The Board is not a collection agency. Moreover, the stipulation affirmatively states Gailey did not ask Dawn to lie or change her testimony. The owner of the Tipsy Crow, Dough Mama and Grumpy Goat establishments has hired Leitner to represent him in multiple matters, including a 2021 domestic violence arrest that resulted in a misdemeanor plea and related civil litigation. Stay up-to-date with how the law affects your life. Leitner filed 11 near-identical lawsuits in May 2022 accusing the defendants of making unspecified defamatory statements about McFadden. An Iowa attorney with a history of neglecting clients cases is facing a one-year suspension of his law license, in part for alleged bullying and outrageous behavior directed toward former clients. If there is any significant delay in receiving money from a lawyer or in getting a complete accounting, a complaint can be filed. In considering our precedents, we find a suspension of three years the appropriate sanction in this case, the court ruled. We review the record below de novo. ). The Iowa Supreme Court Attorney Disciplinary Board (Board) alleged that William W. Ranniger violated Iowa Rule of Professional Conduct 32:1.8 (a) by entering improper business transactions with a client and rule 32:1.8 (c) by preparing a will that included a gift to Ranniger's son. In addition, OBrien was criminally convicted of fraudulent practices in 2004. He had eyelid tremors and an elevated pulse rate of 124 beats per minute. N. Johnson Completes Inpatient Substance Abuse Treatment. A. Sarah has successfully first-chaired bench and jury trials and has negotiated and mediated numerous cases. See id. A contested case hearing shall be held in this matter before the . We disagree. Id. Id. His son, Denis, told Gailey the state planned to charge Denis with sexual abuse of his stepdaughter. The Boards primary objective is to ensure that attorneys within its jurisdiction are compliant with the Iowa Rules of Professional Conduct. He also told her he thought Denis would be agreeable to a more favorable division of assets in the dissolution case if she were to testify in this manner. During that same month of May 2021, Johnson was admitted to an inpatient facility in Clarinda for treatment of his substance abuse. In re Marriage of Briddle, 756 N.W.2d 35, 39-40 (Iowa 2008). On the possession count, Johnson received a concurrent 180-day sentence with all but one day suspended, to run concurrent with the OWI sentence. <>>> v. Cannon, 821 N.W.2d 873, 87879 (Iowa 2012) (discussing these considerations in finding that an attorney's OWI convictions violated rule 32:8.4(b)). In addition, he had previously received a public reprimand for an OWI conviction and a three-month suspension for an OWI second conviction and intemperate statements about the sentencing judge. On April 27 Dawn filed a dissolution of marriage petition. See Iowa Ct. R. 35.12(2). We have inherent constitutional power to license and discipline attorneys within the State of Iowa. at 650. William Morris covers courts for the Des Moines Register. 22-2003: Iowa Supreme Court Attorney Disciplinary Board v. Scott A. Johnson Filed Mar 31, 2023 View Opinion No. On February 8, 2022, the Board filed a complaint charging Johnson with multiple violations of Iowa Rule of Professional Conduct 32:8.4(b). In addition, the Iowa Supreme Court has twice suspended OBriens license in the past and OBrien has been disbarred in the state of Nebraska. In addition to stipulating to Johnson's criminal convictions in the five cases, the Board and Johnson also agreed to the admission of various police reports and other exhibits from those cases. Rule 32:8.4(b) applies to those criminal acts that reflect[] adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. Iowa R. Prof'l Conduct 32:8.4(b). U.S. 8th Cir. Id. On these facts, we suspended the attorney's law license with no possibility of reinstatement for two years. Therefore, the board has not proved Gailey violated rule 32:8.4(c). holding attorney who represented his son in divorce proceedings violated rule prohibiting conduct prejudicial to the administration of justice when he aided his son in violating a no-contact order, rejecting recommended 30-day suspension and ordering 60-day suspension for offering money to a witness "as an inducement for her to testify in a certain way", suspending lawyer's license for sixty days for aiding and abetting a violation of a no-contact order between his son and his son's wife and offering her an inducement to testify in a certain way in his son's pending criminal matter, relying on cases applying prior disciplinary rule DR 7104 in interpreting its successor, rule 32:4.2, equating rule 32:4.2 with its predecessor Iowa Code of Prof'l Responsibility DR 7104, noting we treat stipulations to rule violations like settlement agreements and enforce the stipulation unless "unreasonable, against good morals, or contrary to sound public policy". F. The Second Polk County Case. LICENSE SUSPENDED. On the possession count, Johnson received a deferred judgment and twelve months probation, with the specific conditions that he obtain a substance abuse evaluation, complete recommended treatment, and abstain from the use of alcoholic beverages and controlled substances. Later, a charge was added for possession of LSD (the first Polk County case). $|oxr," !A Applying these principles to a disciplinary case, we will rely on the stipulation to determine the facts in issue. 11/04/20. The letter is entitled "My Last Plea for Your Help." Under Iowa law, the court's Attorney Discipline Board investigates allegations against attorneys and brings substantiated complaints before the Grievance Commission, made up of lawyers and laypeople from across the state. 2023 Iowa Judicial Branch. The Attorney Disciplinary Board is the agency of the Supreme Court of Iowa that receives, initiates, and investigates complaints of ethical misconduct filed against attorneys who are authorized to practice in Iowa. Krull eventually hired another attorney, but OBrien never refunded the $2,750 or provided an invoice for any services. Iowa Attorney Disciplinary Bd. The only difference between Daniels and the prior day's workers and duty nurse, she alleges, is that Daniels is black and the other employees are white. Topeka, KS 66603-3729. A shortage of nursing homes with memory care units has left Linnea Clausen with no choice but to drive hours just to visit her husband. A lawyer owes a client undivided loyalty, unburdened by the interests of other clients or the lawyers own personal interest. In February 2019, the Iowa Supreme Court publicly reprimanded Fisher for his alleged neglect of six separate appellate court cases. at 66263. Johnson did not commit any acts of violence, and there was no showing that any of his criminal conduct was directly connected to his law practice. the COVID-19 pandemic, an Iowa attorney fought a continuing battle against methamphetamine and opiate abuse. See Iowa Sup. Krull paid OBrien $2,750 as a retainer. A. After 11 prior disciplinary cases, a criminal conviction for fraud and his retirement from practicing law, a western Iowa attorneys law license has been suspended by the Iowa Supreme Court. You may or may not be called on by an investigator. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Rule 32:8.4(d) provides that "[i]t is professional misconduct for a lawyer to . Lawyers, like other professionals, sometimes make mistakes. In Iowa Supreme Court Attorney Disciplinary Board v. Adams, we found a violation of rule 32:1.3 established when an attorney failed to comply with appellate deadlines, failed to file a written plea in advance of a client's arraignment, and then failed to appear at the arraignment itself. See Bergmann, 938 N.W.2d at 23 (finding cooperation and acceptance to be mitigating). He continued to drive and use controlled substances, even when he was under court orders directing him not to do so. v. Joy, 728 N.W.2d 806, 813 (Iowa 2007). The officers found an oxycodone pill inside a bottle labeled for an unrelated prescription; Johnson said he did not know it was in there. A trial information was filed in Polk County charging Johnson with possession of oxycodone and driving while revoked (the second Polk County case). The lawyer's accounting (which was confirmed by the Iowa Bar/Disciplinary Board) showed that he received a total of $18,200.00 and, after for the fifty-percent split and other tax and reimbursement considerations, the lawyer wrongfully misappropriated $9,200.00 from the law firm. Download PDF. on Prof'l Ethics Conduct v. Hoffman, 402 N.W.2d 449, 451 (Iowa 1987) (holding lawyer's writing nine intemperate letters, some to persons known to be represented by counsel, warranted public reprimand). Gailey responded that he believed that if she were to testify that there was no permanent damage, physically or psychologically, that the criminal charges would be lessened. A trial information was filed in Boone County charging Johnson with four separate serious misdemeanors, including OWI first offense and possession of methamphetamine first offense (the Boone County case). endobj We find the board has met this burden. Justia US Law Case Law Iowa Case Law Iowa Supreme Court Decisions 2022 Iowa Supreme Court Attorney Disciplinary Board v. John Karl Fischer Iowa Supreme Court Attorney Disciplinary Board v. John Karl Fischer Annotate this Case. But when an ambulance was summoned, Johnson advised that his back was starting to feel better and that he did not need medical attention. However, we are hesitant to make a similar prediction, particularly in a case decided on a stipulated record where Johnson made no personal appearance. The Board's complaint alleged Watkins violated Iowa Rule of Professional Conduct 32:8.4 (g) by engaging in sexual harassment in the practice of law based on the incidents at issue in Watkins's removal action. Sarah speaks at Davis Brown client seminars and local conferences. He maintained a general practice in Ogden that included, among other things, the defense of criminal cases. We construe factual stipulations by attempting to determine and give effect to the parties' intentions. When she did finally see the alert, Daniels says, she "followed protocol" and responded to the pending door alarm, leading to Stewart's discovery. If the Board decides to file a formal complaint with the Grievance Commission, those proceedings require additional time. Furthermore, the misconduct here does not include a felony conviction or a conviction for harassment. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. Fisher later admitted he withdrew $615 of that retainer before performing any work on the case. Forkpa told inspectors she spent the entire overnight shift monitoring another patient who was trying to leave and that "it slipped my mind to do safety checks" on Forkpa's hallway, although inspectors noted video footage appeared to contradict Forkpa's description of how she'd spent her shift. The commission was concerned by Johnson's earlier delays and resistance to treatment and was skeptical as to whether he would remain substance free in the future. Seized, 501 N.W.2d at 485. On the other hand, all of his offenses were misdemeanors, and all were related to Johnson's ongoing battle with substance abuse. Lynne Harriet Stewart, 77, was found Jan. 21, 2022, unresponsive and with "ice freezing on her" outside the memory care unit where she lived: Courtyard Estates at Hawthorne Crossing. All rights reserved. 1:57. Pursuant to our court rules, we are required to review the report of the commission. Daniels told inspectors she checked Stewart's room, found it empty, then with Forkpa found her outside and called 911. The attorney has accepted responsibility and consents to a disciplinary suspension of between one year and eighteen months. Others are not. Gailey must comply with Iowa Court Rule 35.22 dealing with notification of clients and counsel. Leitner also has sued nearly a dozen people for allegedly defamatory online comments about McFadden, and threatened litigation on McFadden's behalf against other business owners who have spoken publicly about him. Thereafter, the state charged Gailey with suborning perjury in violation of Iowa Code section 720.3 and aiding and abetting a violation of a no-contact order in violation of Iowa Code sections 664A.7 and 703.1. He has won numerous state and national awards for reporting and editorial writing. v. Olson. Iowa Courts. David Leitner, 67, has been a licensed Iowa attorney since 1979 and has run his own West Des Moines legal practice since 1988. The Iowa Supreme Court Attorney Disciplinary Board first learned of UpRight Law when a complainant said she called the bankruptcy firm in March 2019. Also, when we determined the appropriate sanction in Johnson, we noted that there was no evidence presented that indicated Johnson neglected or injured any of his clients by his drinking. 774 N.W.2d at 500. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. In Iowa Supreme Court Attorney Disciplinary Board v. Gailey, 790 N.W.2d 801 (Iowa 2010), we recently had occasion to interpret this rule. The Iowa Supreme Court Attorney Disciplinary Board filed a complaint against Watkins on December 18, 2018. Costs of this action are taxed to Gailey pursuant to Iowa Court Rule 35.26. See Iowa Code 124.401(5) (2020); id. v. Howe, 706 N.W.2d 360, 373 (Iowa 2005)). <> Because Leitner failed to file an answer to the claims, the commission accepted the following allegations as fact: "Leitners conduct demonstrates a long pattern of deliberate misconduct and dishonesty," wrote the commission, noting multiple instances in which Leitner disregarded ethics rules and flouted direct court orders. The parties have stipulated to certain mitigating and aggravating factors. But in January, the defendants told the court Leitner continued not to provide meaningful answers, and had missed the deadline to pay the attorney fees sanction. Iowa R. Profl Conduct 32:3.4(b). Discipline of a judicial officer may include suspension without pay for a definite period of time not to exceed twelve months. Ct. Att'y Disciplinary Bd. Christopher A. Clausen of Moothart & Clausen Law Office, Ames, for respondent. Filed: April 25, 2023 as 4:2023cv00138. If sufficient legal consideration supports this type of stipulation, it is entitled to all of the sanctity of an ordinary contract. . In 2018, attorney Allan M. Richards of Tama, who handles high-profile murder cases, applied for appointment to the Iowa Supreme Court. This could result in a public reprimand or a Court order suspending or revoking the lawyers license. v. Clarity, 838 N.W.2d 648, 662 (Iowa 2013). We also find those precedents to be relevant. On Friday, the court opted to instead impose a three-year suspension. In an inheritance dispute involving a woman judged not competent to manage her affairs, Leitner continued meeting with the woman despite repeated instructions from the court and her court-appointed guardian to desist, and filed a lawsuit purportedly on her behalf against her guardian that resulted in sanctions for disregarding the court's orders. Accordingly, to allow the parties to make these determinations is against the public policy surrounding our attorney disciplinary system. In its complaint, the board alleged Gailey's conduct violated the following Iowa Rules of Professional Conduct: 32:3.4(b), 32:4.2(a), 32:8.4(a), 32:8.4(b), 32:8.4(c), and 32:8.4(d). of Prof'l Ethics Conduct v. Lett, 674 N.W.2d 139, 142 (Iowa 2004)). While both the Boone County case and the first Polk County case were still outstanding and unresolved, Johnson was pulled over on September 4 for a traffic stop on Raccoon River Drive in Dallas County. of Prof'l Ethics Conduct v. D'Angelo, 619 N.W.2d 333, 338 (Iowa 2000) (second quote)). Id. Johnson was also discharged from probation. Id. The license suspension may have little practical effect on OBrien. Please click Confirm below to continue. However, under our precedent, we can consider an interim suspension arising from the same conduct when calibrating the disciplinary suspension. Iowa Sup. Dawn's attorney did not give Gailey permission to contact Dawn. A trial information was filed in Jasper County charging Johnson with driving while revoked and possession of methamphetamine first offense (the Jasper County case). Within two months, Johnson once again found himself in legal trouble. v. Aeilts, Iowa Supreme Court Attorney Disciplinary Bd. For a criminal act to constitute a violation of rule 32:8.4(b). Iowa Legal Research Laws. In an attorney disciplinary action, the grievance commission recommends thirty-day suspension for attorney's violation of conflict of interest rules. Eventually, in mid-2021, the attorney The commission found Fisher had failed to respond to discovery requests in the case, failed to file a financial affidavit with court on behalf of his client, and failed to keep his client informed as to the status of her case. We treat a stipulation conceding an issue in the case like a settlement agreement. Thats why Iowa Capital Dispatch, a nonprofit, independent source for quality journalism, is working every day to keep you informed about what government officials are doing with your money, your freedom and your safety. <> v. Rhinehart, Iowa Supreme Court Attorney Disciplinary Bd. The attorney there had at least a decade-long substance abuse problem. Id. . Ct. Att'y Disciplinary Bd. F$!|GWL+P)JOr7]G$QLg+:hhJg&hp^UDJ_-e}pjtF(Vb3aku3%V#wbEcc_R" Fee arbitration is an alternative method of resolving a fee dispute. Having emerged from that program, and still under a disability suspension, the attorney is now before us on an attorney disciplinary complaint. Court records indicate OBrien has been licensed to practice law in Iowa since 1996. Ct. Att'y Disciplinary Bd. Rule 32:8.4(b) provides that "[i]t is professional misconduct for a lawyer to .

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