Bishop, Matter of, 68112
| Decision Date | 01 June 1982 |
| Docket Number | No. 68112,68112 |
| Citation | 320 N.W.2d 47 |
| Parties | In the Matter of an Accusation Against Gary T. BISHOP, A Practicing Attorney. |
| Court | Iowa Supreme Court |
Michael W. Liebbe of Raben, Liebbe, Shinkle & Bremer, Davenport, for respondent Gary T. Bishop.
Richard A. Williams, Asst. Atty. Gen., for the Attorney General's Office.
Considered en banc.
On February 26, 1982, the chairman of the Committee on Professional Ethics and Conduct of the Iowa State Bar Association filed in the Iowa District Court for Polk County an accusation against Gary T. Bishop, a practicing attorney, pursuant to section 610.25, The Code.
The accusation alleged, among other things, that Bishop practiced law with offices in Davenport, Des Moines, and Council Bluffs. Paragraph "6" of the accusation alleged that Bishop did, in Polk County, accept from nineteen different clients advancements of monies for filing fees and costs, and Bishop did convert such monies to his own personal use without the knowledge or consent of the clients. Paragraph "7" of the accusation alleged Bishop accepted monies from fifteen clients for legal services to be rendered, but Bishop failed to render any legal services and converted the fee money to his own personal use. Paragraph "8" accused Bishop of accepting monies from seventeen clients for legal services to be rendered, but Bishop did thereafter render only part of the legal services agreed to be performed and then did personally take the entire fees.
Paragraph "12" of the accusation alleged that Bishop's conduct was unethical and unprofessional in violation of EC 1-5; DR 1-102(A)(1), (4), (5), and (6); EC 7-1; DR 7-101(A)(1), (2), and (3); EC 9-1; EC 9-2; EC 9-5; EC 9-6; DR 9-102(A)(1); and DR 9-102(B)(2), (3), and (4) of the Iowa Code of Professional Responsibility for Lawyers, and sections 610.24(3) and (4) of The Code.
A copy of the accusation was transmitted to the clerk of this court pursuant to section 610.28, The Code. On March 25, 1982, this court designated, pursuant to section 610.30, The Code, district judges George G. Fagg, Louis Lavorato, and Richard J. Vogel as a court to hear and decide the accusation. The Attorney General's Office has been responsible for prosecuting the accusation pursuant to section 610.29, The Code.
On April 2, 1982, Attorney Michael W. Liebbe filed a "Statement by Attorney" directly with this court, not the court of three district judges designated to hear and decide the accusation. Attached to this statement was an affidavit by Bishop in which he swore that he was personally, emotionally, and psychologically unable to practice law....
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Bishop v. Committee on Professional Ethics and Conduct of Iowa State Bar Ass'n
...the material facts in the accusation, except for those contained in paragraph "10" thereof, are true. In re Accusation Against Bishop, 320 N.W.2d 47 at 48 (Iowa S.Ct.1982) (emphasis We believe that this procedural history and the related facts present this court with a substantial jurisdict......
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...lawyer's license had been revoked, rendering case moot; attorney not adequate representative at time class was certified); In re Bishop, 320 N.W.2d 47 (Iowa 1982) (license revoked for converting funds). This lawyer, who advertised extensively and testified that 80% of his clients came to hi......
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