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Iowa Supreme Court Atty. Disciplinary Bd. v. Netti

Iowa Supreme Court Atty. Disciplinary Bd. v. Netti

Supreme Court of Iowa

May 13, 2011, Filed

No. 10-1081

Opinion

 [*594]  WIGGINS, Justice.

The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John Edward Netti, Jr., alleging multiple violations of the Iowa Rules of Professional Conduct as well as the Iowa Court Rules, the Iowa Rules of Probate Procedure, and the Iowa Code. A division of the Grievance Commission of the Supreme Court of Iowa found the respondent's conduct violated the rules and recommended we suspend his license to practice law with no possibility of reinstatement for a period of two years. Neither party appealed. Therefore, we are required to review the report of the grievance commission de novo. Iowa Ct. R. 35.10(1). On our de novo review, we find respondent has violated numerous  [**2] provisions of our rules and Code, which require us to impose sanctions. Accordingly, we  [*595]  suspend respondent's license to practice law indefinitely with no possibility of reinstatement for a period of two years from the date of filing this decision.

I. Scope of Review.

] We review attorney disciplinary proceedings de novo. Iowa Supreme Ct. Att'y Disciplinary Bd. v. Keele, 795 N.W.2d 507, 509 (Iowa 2011). The board must prove an attorney's ethical misconduct by a convincing preponderance of the evidence. Id. A convincing preponderance of the evidence is more than the preponderance standard required in a typical civil case, but less than proof beyond a reasonable doubt. Iowa Supreme Ct. Att'y Disciplinary Bd. v. Schmidt, 796 N.W.2d 33, 33 (Iowa 2011). Although the commission's findings and recommendations are not binding on us, we give them respectful consideration. Id. at 33. "Upon proof of misconduct, we may impose a greater or lesser sanction than the sanction recommended by the commission." Iowa Supreme Ct. Att'y Disciplinary Bd. v. Templeton, 784 N.W.2d 761, 764 (Iowa 2010).

II. Findings of Fact.

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797 N.W.2d 591 *; 2011 Iowa Sup. LEXIS 32 **

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, vs. JOHN EDWARD NETTI, JR., Respondent.

Prior History:  [**1] On review of the report of the Grievance Commission of the Supreme Court of Iowa. Grievance commission reports respondent has committed multiple ethical infractions and recommends a two-year suspension of respondent's license to practice law.

Disposition: LICENSE SUSPENDED.

CORE TERMS

trust account, violations, practice of law, funds, suspension, deposit, attorney-client, disclosure, misconduct, misrepresentation, promptly, settlement, knowingly, suspended, matters, disciplinary, retainer, license, third person, circumstances, reinstatement, expenses, requests, withdraw, neglect, probate, license to practice, settlement proceeds, former client, believes

Evidence, Burdens of Proof, Preponderance of Evidence, Legal Ethics, Sanctions, Disciplinary Proceedings, Appeals, General Overview, Client Relations, Duties to Client, Effective Representation, Attorney Fees, Contingency Fees, Fee Agreements, Conflicts of Interest, Inferences & Presumptions, Presumptions, Creation, Duty of Confidentiality, Privileges, Attorney-Client Privilege, Exceptions, Scope, Business & Corporate Compliance, Legal Ethics, Client Funds, Estate, Gift & Trust Law, Inferences, Professional Conduct, Tribunals, Unauthorized Practice of Law, Tax Law, Investigations