Committee on Professional Ethics v. Wright, 54185

• Decision Date: 15 July 1970
• Docket Number: No. 54185,54185
• Citation: 178 N.W.2d 749
• Parties: COMMITTEE ON PROFESSIONAL ETHICS and Conduct of the Iowa State Bar Association, Complainant, v. Robert A. WRIGHT, Respondent.
• Court: Iowa Supreme Court

Page 749

178 N.W.2d 749

COMMITTEE ON PROFESSIONAL ETHICS and Conduct of the Iowa State Bar Association, Complainant, v. Robert A. WRIGHT, Respondent.

No. 54185.

Supreme Court of Iowa.

July 15, 1970.

Lee H. Gaudineer, Jr., Des Moines, for complainant.

Patterson, Lorentzen, Duffield, Timmons & Irish, Des Moines, for respondent.

BECKER, Justice.

This is a hearing on complaint of professional misconduct by respondent attorney, Robert A. Wright. Hearing was held before the Grievance Commission of the Iowa Supreme Court, Second Division. After hearing testimony and consideration of the evidence the five member commission unanimously found respondent guilty of substandard, unprofessional and unethical conduct in that he failed to perform his duty as a lawyer in representing his client. The decision and recommendation concludes:

'The Commission determines that the respondent, Robert A. Wright, should be suspended from the practice of law for a period of two years, effective with the date of this order, and further provides that after the expiration of the first twelve months of this period of suspension, on a showing made to the Supreme Court of Iowa, that acceptable restitution has been made to Mrs. Gertrude I. Hall, or her successors, or personal representatives, that the Supreme Court may, upon application of the respondent, reinstate the license of such respondent on such terms and at such time as the Court sees fit, but that in no event shall the continuous suspension of the respondent from the practice of law be less than the first full twelve months herein provided for.'

Respondent filed Exceptions to the Findings of Fact, Conclusions of Law, Decision and Recommendation and the matter has been presented to this court for judgment. We adopt and act on the Commission's recommendations.

I. Since the decision is actually made by this court in the first instance, we review the evidence de novo. Supreme Court Rule #118.

Several rules to be initially noted are found in Iowa State Bar Association v. Kraschel, 260 Iowa 187, 148 N.W.2d 621, 625:

"A disciplinary proceeding is basically an inquiry into the fitness of a member of the bar, in the light of his conduct, to continue in the practice of the law.' In re Simmons, 65 Wash.2d 88, 395 P.2d 1013, 1016. This proceeding is not criminal, but is special, civil in nature, and has been described as like an investigation by the court into the conduct of its officers. State v. Clarke, 46 Iowa 155, 159; In re Stice, 184 Kan. 589, 339 P.2d 29, 31; * * *.

'The extent of persuasion required of the prosecution in disbarment proceedings does not vary according to the type of conduct charged, regardless of whether it amounts to a crime or merely professional misconduct. In re Disbarment of DeCaro, 220 Iowa 176, 185, 262 N.W. 132, 136; In re Farris, 229 Or. 209, 367 P.2d 387, 391--392.'

The Kraschel case, supra, also determines the degree of proof shall be by a 'convincing preponderance of evidence'. (loc. cit. 260 Iowa at page 194, 148 N.W.2d 621).

II. The complaint against respondent, Robert A. Wright, involves his actions as attorney for Mrs. Gertude I. Hall and his actions after he had ceased to be Mrs. Hall's lawyer. We considered the initial factual situation giving rise to the complaint in Hall v. Wright, 261 Iowa 758, 156 N.W.2d 661 but our consideration there was 'for errors at law' and was limited to the issues of fraud presented on the appeal. In making this judgment we must come to our own factual conclusions.

III. The record consists of the entire transcript and record of the case of Hall v. Wright, supra, and additional supplementary evidence from various witnesses and exhibits.

Respondent objected to introduction of the certified transcript of evidence in Hall v. Wright, supra. The conclusions reached by the jury and our affirmation in the prior civil case are not binding or conclusive on the issues examined here. But the parties may introduce the entire transcript of the prior case in which respondent was a party. We reach this conclusion in disciplinary proceedings independent of section 622.98, Code, 1966, and on authority of such cases as Re Santosuosso, (1945) 318 Mass. 489, 62 N.E.2d 105, 161 A.L.R. 892 and State ex rel. Nebraska State Bar Ass'n. v. Gudmundsen, (1944) 145 Neb. 324, 16 N.W.2d 474.

IV. We shall try to shorten our factual findings because they are set out in detail in Hall v. Wright, supra. In February, 1961, Mrs. Hall wanted to trade her home in Des Moines for a new home being built by one John Haskins. She was both a friend and former client of Robert Wright. She had a very limited income, was receiving Aid to Dependent Children but owned her own home, subject only to taxes and an $800 mortgage lien. She called Mr. Wright, told him of the arrangement under which the parties were to exchange properties and Mrs. Hall was to get $1500 additional cash.

Wright prepared the contract which was dependent on a favorable zoning decision on the Hall property. By early June the zoning was complete. On June 13, 1961, Haskins went to the Hall home with a blank deed to be signed by Mrs. Hall. Mrs. Hall called respondent for advice as to whether she should sign the blank deed.

At this point Mrs. Hall's version of what happened and Wright's version were in conflict. Respondent says he told his client not to sign but she insisted. ¹ Mrs. Hall says her lawyer told her to sign the deed. ² Respondent had checked the record and determined the property was in Haskins' name but received no abstract then or later. Nevertheless, on the same day Mr. Wright notarized Mrs. Hall's signature and allowed Haskins to take the deed without any effective protection for his client.

The thrust of Hall v. Wright, supra, was stated by us: 'Plaintiff's claim was that Wright represented to her Haskins had clear title and she would receive a deed, abstract of title and a title opinion showing Haskins had merchantable title to the 15th Street Place property; the representations were false, Wright knew them to be false and made the representations with intent to deceive and defraud plaintiff; that in reliance on such false representations she made, executed and delivered the warranty deed to her Keo Way property; as a result she lost her home and did not receive the 15th Street Place property.' (loc. cit. 261 Iowa at page 765, 156 N.W.2d at page 665.)

Respondent's position then and now is that at most he made an honest mistake and the evidence did not justify a finding of fraud. We disagreed and in doing so said:

'We believe a person is as guilty of actual fraud when in conscious disregard of the truth or falsity of facts his representations are predicated upon he makes such representations to induce action and the party to whom they are made suffers damage by taking the action sought to be induced in reliance upon those representations as surely as if he had intended that very result.' (loc. cit. 261 Iowa at page 772, 156 N.W.2d at page 669.)

After the execution and delivery of the deed to Mrs. Hall's property she was given possession of the Haskins' house but it became apparent that Haskins did not have merchantable title to the property he was to convey. In fact he and his wife had already deeded their property to Grandquist Construction Company. Mr. Wright then began a series of land contracts which were designed to get the property for Mrs. Hall. Mrs. Hall claimed she was not informed of these land contracts or their legal significance. We are satisfied Mr. Wright did not keep his client informed of the actual state of her affairs. Rather, with his superior knowledge and control of the situation, he continued to deal with Haskins and Grandquist Construction Company in an effort to rescue a hopeless situation. He kept assuring his client that she would get good title long after it was apparent such title would not be forthcoming...