Iowa Supreme Court Board of Professional Ethics & Conduct v. Scheetz

549 N.W.2d 828, 1996 Iowa Sup. LEXIS 303
CourtSupreme Court of Iowa
DecidedJune 19, 1996
DocketNo. 96-333
StatusPublished
Cited by7 cases

This text of 549 N.W.2d 828 (Iowa Supreme Court Board of Professional Ethics & Conduct v. Scheetz) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Iowa Supreme Court Board of Professional Ethics & Conduct v. Scheetz, 549 N.W.2d 828, 1996 Iowa Sup. LEXIS 303 (iowa 1996).

Opinion

LAVORATO, Justice.

In this attorney disciplinary proceeding, the Iowa Supreme Court Grievance Commission recommended that James Scott Seheetz be reprimanded for his failure to handle in a timely manner three probate matters he accepted. We agree and publicly reprimand Seheetz for his neglect of legal matters entrusted to his care.

I. Background Fads and Proceedings.

Seheetz graduated from law school and became licensed to practice law in Iowa in 1990. He was an associate in a private practice firm, where he remained for about two years.

In 1992 Seheetz terminated his employment because he thought his pay was too low. In an attempt to establish a solo practice, Seheetz opened his office in a building housing other independent practitioners. One receptionist answered calls for all attorneys in the budding.

Seheetz did not hire any clerical staff. He performed most secretarial and bookkeeping duties himself in an attempt to minimize his overhead expenses. Ninety percent of his practice was devoted to criminal defense work and court appointments. The remaining ten percent was general practice work. During this time frame Seheetz also taught an evidence course at the local community college. The facts underpinning this proceeding arose out of Seheetz’ desire to expand his practice base by accepting probate work.

A. The Ricketts wills. James R. Rick-etts, an Oregon resident, asked Seheetz to begin estate proceedings on two wills. Seheetz accepted the work but faded to probate either wdl. Ricketts was unable to get the wdls back from Seheetz.

Ricketts complained to the Iowa Supreme Court. Board of Professional Ethics and Conduct. On November 17, 1993, the board sent Seheetz a notice of complaint by restricted, certified mad regarding the Ricketts matter. The board requested a response from Seheetz. Seheetz received the notice on November 19. He faded to respond.

[830]*830The board sent a second notice and request to Seheetz on the Ricketts complaint on January 10,1994. Seheetz signed for this notice on January 12. Again, he did not respond.

Ricketts contacted the grievance commission clerk on February 17. Ricketts asked the clerk for his assistance in getting Seheetz to return the wills. The clerk called Seheetz and left a message for him to return the clerk’s call. Seheetz did not do so. On February 22 the board notified Seheetz that it was going to file a complaint against him with the commission for his failure to respond to the board’s notices and for his conduct in handling the Ricketts matters.

The clerk again called Seheetz on April 5 after Ricketts contacted the clerk a second time on April 4. Seheetz agreed to return the wills to Ricketts, along with the $100 retainer he hád received. Seheetz told the clerk that he would be sending the documents back to Ricketts by the end of the week. The clerk told Ricketts that if he did not receive the wills by the end of the following week, he should give the clerk a call.

On April 18 Ricketts called the clerk a third time because Seheetz had not returned the wills as promised. The clerk called Seheetz on April 20 and left a message for him to return his call. Seheetz did not respond to this call nor the clerk’s April 27 follow-up call.

On May 4 the clerk sent a client security auditor to Seheetz’ office on a “routine” compliance audit. The same day Seheetz sent the clerk a letter. In the letter Seheetz informed the clerk that he (1) had delivered the wills to Ricketts and (2) was leaving private practice. Seheetz had accepted a position as an assistant county attorney assigned to area drug prosecutions.

During the pendency of the Ricketts matter, the clerk was not aware of the board’s ongoing investigation of Seheetz’ aborted attempt to probate the two Ricketts wills or the fact that the board filed a complaint against Seheetz with the commission.

B. The Bordenaro estate. Early in 1994 Lueretia Bordenaro’s executor — who was also her son — asked Seheetz to finalize administration of Ms. Bordenaro’s estate. Ms. Bordenaro had died in 1989. Her will had been admitted to probate and an inventory had been filed. The executor had discharged two prior attorneys before retaining Seheetz to finalize administration of the estate. Filing the final report was essentially all that remained to be done before the estate could be closed.

Seheetz accepted the work and assured the executor that he would finalize the probate proceedings. He entered his appearance on behalf of the estate on April 6,1994.

The Polk county clerk of court issued a delinquency notice to Seheetz on May 1 for his failure to file the Bordenaro estate final report. See Iowa Code § 633.32 (1993); Iowa R. Probate P. 5. As noted above, Seheetz closed his private practice later that month and began working for the State.

On July 21 the clerk reported the Borde-naro delinquency to the board. On August 17 the board sent Seheetz a notice of complaint and request for response by restricted, certified mail. Seheetz received the notice on August 27. He did not respond.

On September 21 the board sent Seheetz a second notice of complaint by restricted,, certified mail at his last known address. This mailing was returned to the board with the notation “unclaimed.” The clerk issued a second delinquency notice on November 1 for failure to file an interlocutory report. Seheetz did not respond. At the end of sixty days, the clerk reported this delinquency to the board.

On February 22, 1995, the board sent a notice of complaint and request to Seheetz by restricted, certified mail concerning the latest delinquency in the Bordenaro estate. He signed for these documents on February 25 but made no further response. The board sent a second notice of complaint on March 20. This mailing was returned to the board, with the notation “unclaimed.” Seheetz at this point had filed nothing in the Bordenaro estate beyond his April 6, 1994, appearance. The Bordenaro estate was closed only after the executor made the necessary filings on his own.

[831]*831The board filed a formal complaint against Scheetz with the commission on October 6, 1995. Count I alleged ethical violations stemming from Sheetz’ neglect of the Rick-etts matter. Count II alleged ethical violations stemming from Scheetz’ neglect of the Bordenaro matter.

Scheetz answered and responded affirmatively to the board’s request for admissions. The five-member commission unanimously recommended that Scheetz be publicly reprimanded. Scheetz did not appeal to us from the commission’s recommendation. See Iowa Sup.Ct.R. 118.11.

II. Scope of Review.

We automatically review de novo attorney disciplinary recommendations. See Iowa Sup.Ct.R. 118.10. We ultimately determine whether discipline is warranted and what sanction, if appropriate, to impose- Id.

The board must prove its allegations of misconduct by a convincing preponderance of the evidence. Committee on Professional Ethics & Conduct v. Conzett, 476 N.W.2d 43, 44 (Iowa 1991) (citation omitted).

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549 N.W.2d 828, 1996 Iowa Sup. LEXIS 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iowa-supreme-court-board-of-professional-ethics-conduct-v-scheetz-iowa-1996.