Iowa Supreme Court Attorney Disciplinary Board v. Rodney Howard Powell, 2013 Iowa Sup. LEXIS 48

Powell is an Iowa lawyer admitted in 1973 who began practicing in Iowa in 1988; previously disciplined (private admonitions in 2005 and 2010, and a 2007 discipline) for unethical fee actions.
In 2010, a bookkeeper reported improper use of the firm’s office trust account; audits showed trust shortages.
A trustee was appointed in 2011 after a temporary suspension, with shortages totaling about $43,000.
The Board filed a complaint on February 28, 2012 alleging violations of Rule 32:1.15 and Iowa Court Rules 45.1, 45.2(2), and 45.7.
Powell claimed the shortage resulted from sloppy procedures and conducted corrective measures, and the interim suspension was lifted in May 2012.
The commission found violations and recommended a public reprimand; this Court suspended Powell for three months retroactively from the filing date of the opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Powell violated trust fund rules governing client funds.	Board found violations of 32:1.15 and Rules 45.1, 45.2(2), 45.7.	Powell contends accounting issues were not colorable claims to misused funds; corrective measures were implemented.	Yes; violations found by the court.
What sanction is appropriate for Powell’s trust fund violations given interim suspension.	Board recommended public reprimand based on seven-month interim suspension.	Powell argued lesser sanction acceptable due to mitigation.	Three-month license suspension imposed.
Do aggravating/mitigating factors justify the chosen sanction?	Prior discipline and disregard for trust rules weigh as aggravating.	Mitigating factors: community service, pro bono work, long career without later harm.	Mitigating and aggravating factors balanced; sanction upheld.

Reilly, 708 N.W.2d 82 (Iowa 2006) (revoked license for misappropriating client funds, even with eventual restitution)
Adams, 809 N.W.2d 543 (Iowa 2012) (revoked license for disbursing trust funds without colorable claim)
Lett, 674 N.W.2d 139 (Iowa 2004) (revoked license for misappropriating funds from trust account)
Wengert, 790 N.W.2d 94 (Iowa 2010) (revoked license for misappropriation from trust funds)
Earley, 774 N.W.2d 301 (Iowa 2009) (revoked license for lack of colorable claim to funds in trust)
Gottschalk, 553 N.W.2d 322 (Iowa 1996) (recognizes conversion as ground for revocation in trust fund cases)
D’Angelo, 710 N.W.2d 226 (Iowa 2006) (examples of revocation for misappropriation of client funds)
Conroy, 795 N.W.2d 502 (Iowa 2011) (interim suspensions considered as mitigating factor in sanctioning)
Casey, 761 N.W.2d 53 (Iowa 2009) (de novo review; considerations in disciplinary sanctions)
Ireland, 748 N.W.2d 498 (Iowa 2008) (statutory framework for disciplinary considerations)
Wheeler, 824 N.W.2d 505 (Iowa 2012) (sanctions framework in attorney discipline; factors to consider)