Iowa Supreme Court Attorney Disciplinary Board v. Ronald L. Ricklefs
2014 Iowa Sup. LEXIS 32
| Iowa | 2014Background
- Ronald L. Ricklefs, Iowa attorney since 1978, faced a grievance from the Board based on trust-account mismanagement and misrepresentation.
- An audit in 2012 revealed significant trust-account deficiencies, including commingling client and personal funds and poor recordkeeping.
- A prior 2008 audit had flagged similar issues, which Ricklefs failed to rectify.
- The Grievance Commission found most violations occurred and recommended a 30-day suspension.
- The Iowa Supreme Court suspended Ricklefs indefinitely with no reinstatement for three months, due to ongoing trust-account violations and misrepresentations, after weighing aggravating and mitigating factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ricklefs violated trust-account rules | Board: violations established by defective records and commingling | Ricklefs: efforts to correct; no client harm shown | Yes, trust-account violations established |
| Whether Ricklefs committed dishonesty | Board: false questionnaire and auditor statements showing deceit | Ricklefs: acknowledged issues and attempted corrections | Yes, dishonesty established |
| Appropriate sanction for misconduct | Board: suspension warranted given pattern and aggravating factors | Ricklefs: reform efforts and mitigating factors | Indefinite suspension with no reinstatement for three months |
Key Cases Cited
- Kersenbrock v. Iowa Bd. of Professional Ethics & Conduct, 821 N.W.2d 415 (Iowa 2012) (mitigating factors; incomplete trust records in audit context)
- Sunleaf v. Iowa Bd. of Prof'l Ethics & Conduct, 588 N.W.2d 126 (Iowa 1999) (trust account used to hide funds; reprimand inclination)
- Boles v. Iowa Bd. of Prof'l Disciplinary, 808 N.W.2d 431 (Iowa 2012) (pattern of trust-account violations; suspended for 30 days)
- Clarity v. Iowa Bd. of Prof'l Disciplinary, 838 N.W.2d 648 (Iowa 2013) (extensive misconduct; one-year suspension with no reinstatement)
