Iowa Supreme Court Attorney Disciplinary Board v. Blake D. Lubinus
869 N.W.2d 546
| Iowa | 2015Background
- Blake D. Lubinus, admitted 2010, maintained a solo practice and handled OWI and contingent-fee collection matters.
- In Aug. 2012 Lubinus accepted a $1,500 flat OWI fee but failed to deposit the advance into his client trust account and instead used operating funds; he also withdrew $400 from trust to cover a bond and did not timely restore it.
- In June–July 2013 Lubinus electronically transferred $6,600 from his trust account to operating/personal accounts before fees were earned, causing reconciliation and recordkeeping errors; he later restored $6,100 plus $500 in escrow.
- Lubinus self-reported the misconduct, cooperated with the Board, has no prior discipline, took corrective measures (stopped electronic transfers; now issues checks; added a partner), and no client loss was proved.
- The Grievance Commission accepted stipulated facts and violations but recommended a public reprimand; the Board sought a 30-day suspension. The Iowa Supreme Court independently reviewed and imposed a 30-day suspension.
Issues
| Issue | Board's Argument | Lubinus's Argument | Held |
|---|---|---|---|
| Failure to deposit advance fee into trust account (Iowa R. Prof. Conduct 32:1.15(a) / 45.7(3)) | Advance fee must be deposited into trust; Lubinus violated the rule by placing the OWI fee in operating account | Admitted factual error; mitigated by cooperation and corrective measures | Violation found; rule breached |
| Premature withdrawal/transfers of unearned fees from trust (32:1.15(c)) | Withdrawals of unearned contingency shares and other funds violated rule requiring withdrawal only as fees are earned | Acknowledged withdrawals were premature, attributed to short-term financial desperation; restored funds | Violation found; conduct more than isolated error |
| Failure to provide contemporaneous written accounting/notice on withdrawals (Ct. R. 45.7(4)) | Duty to notify clients at time of withdrawal; no contemporaneous notices were given | Admitted failure; cooperated and provided restitution | Violation found |
| Failure to maintain monthly trial balances/reconciliations (Ct. R. 45.2(3)(a)(9)) | Improper transfers undermined accurate records and reconciliations | Admitted recordkeeping problems; implemented corrected procedures | Violation found |
Key Cases Cited
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Clarity, 838 N.W.2d 648 (Iowa 2013) (failure to deposit advance fees violates rule 32:1.15(a))
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Eslick, 859 N.W.2d 198 (Iowa 2015) (30-day suspension for repeated premature withdrawals and trust-account misuse tied to practitioner financial problems)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Piazza, 756 N.W.2d 690 (Iowa 2008) (public reprimand for failing to deposit advance fee and failing to provide accounting)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Boles, 808 N.W.2d 431 (Iowa 2012) (30-day suspension for multiyear, systemic trust-account violations)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Kersenbrock, 821 N.W.2d 415 (Iowa 2012) (30-day suspension for systematic recordkeeping failures)
- Iowa Supreme Ct. Bd. of Prof’l Ethics & Conduct v. Apland, 577 N.W.2d 50 (Iowa 1998) (public reprimand where violations stemmed from lackadaisical bookkeeping)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Powell, 830 N.W.2d 355 (Iowa 2013) (multi-month suspension for prolonged, severe trust-account disregard)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Carter, 847 N.W.2d 228 (Iowa 2014) (license revocation where attorney misappropriated client funds without colorable claim)