Iowa Supreme Court Attorney Disciplinary Board v. G. Brad Denton II
2012 Iowa Sup. LEXIS 57
| Iowa | 2012Background
- Denton is a Colorado attorney who advertised immigration services in Iowa and used Iowa office space but did not establish a trust account for client money.
- Castillo-Vargas paid Denton $1500 in two installments for immigration work, but the funds were never deposited into a client trust account.
- Denton provided limited immigration services from Oct 20, 2009, to Feb 6, 2010, including communications and meetings with Castillo-Vargas.
- When the relationship ended, Denton billed Castillo-Vargas for 10.85 hours at $200/hour, asserting no refund was owed.
- The Iowa Board alleged violations of trust account rules and advertising rules; Denton failed to timely answer, leading to admitted allegations under Rule 36.7.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Denton violated trust account rules | Denton failed to deposit fees in a trust account. | N/A | Yes; Denton violated 32:1.15(a), (c), (f). |
| Whether the case includes advertising-rule violations | Denton's ads misrepresented qualifications and practice areas. | Denton disputed or minimized advertising claims. | Court did not base sanction on advertising violations; trust issues alone warranted sanction. |
| What sanction is appropriate for the trust account violations | Public reprimand or more severe sanction appropriate given trust violations. | Mitigating factors present; public reprimand appropriate. | Public reprimand prescribed, with costs taxed to Denton. |
Key Cases Cited
- Attorney Disciplinary Bd. v. Sobel, 779 N.W.2d 782 (Iowa 2010) (public reprimand for isolated trust account violation)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Piazza, 756 N.W.2d 690 (Iowa 2008) (special retainers must be deposited in trust accounts)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Apland, 577 N.W.2d 50 (Iowa 1998) (special retainers treated as trust funds)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Casey, 761 N.W.2d 53 (Iowa 2009) (de novo review; standard for evaluating disciplinary sanctions)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Conrad, 723 N.W.2d 791 (Iowa 2006) (sanction flexibility after misconduct proven)
- Iowa Supreme Ct. Bd. of Prof’l Ethics & Conduct v. Bernard, 653 N.W.2d 373 (Iowa 2002) (de novo review of disciplinary decisions; respect for commission findings)
- Iowa Supreme Ct. Bd. of Prof’l Ethics & Conduct v. Lickiss, 786 N.W.2d 860 (Iowa 2010) (preponderance standard for misconduct and sanctions)