Committee on Professional Ethics and Conduct of Iowa State Bar Ass'n v. Shepler, 94-517
| Decision Date | 27 July 1994 |
| Docket Number | No. 94-517,94-517 |
| Citation | 519 N.W.2d 92 |
| Parties | COMMITTEE ON PROFESSIONAL ETHICS AND CONDUCT OF The IOWA STATE BAR ASSOCIATION, Complainant, v. Larry SHEPLER, Respondent. |
| Court | Iowa Supreme Court |
Norman G. Bastemeyer and Charles L. Harrington, Des Moines, for complainant.
Larry Shepler, pro se.
Considered by HARRIS, P.J., and LARSON, LAVORATO, SNELL, and TERNUS, JJ.
This attorney disciplinary proceeding involves the conduct of attorney Larry Shepler in his personal business dealings with Opal Truby. The Grievance Commission recommended that Shepler's license to practice law be revoked. We agree.
Larry Shepler has been licensed to practice law in Iowa. In 1984, he and his wife purchased a small farm on contract from Opal Truby who was then 78 years old. Truby was represented by an attorney in this transaction.
At the closing for the sale, Truby's attorney and her daughter, Connie Squire, were present to assist her. There was some discussion about the Sheplers building a new home on the property. Squire told Shepler and his wife that Truby would not agree to subordinate her interest in the real estate to any financial institution from whom the Sheplers might obtain financing in the future. Squire also told the Sheplers that they should not contact her mother directly on any business matters. Because Truby was elderly and had only an eighth-grade education, Truby relied heavily on her children's advice in any business dealings.
Despite this conversation, Shepler obtained Truby's signature on three separate subordination agreements in 1986 and 1988. In these agreements Truby subordinated her interest in the real estate to the mortgage interest of a bank that had lent money to the Sheplers. Shepler did not contact Truby's attorney or children before having Truby sign the subordination agreements.
Predictably, the Sheplers defaulted on their notes to the bank and on their contract with Truby. Because Truby had subordinated her interest in the property to the interest of the bank, she suffered a financial loss when the Sheplers defaulted. Shepler has not attempted to repay Truby the sums she lost.
The Ethics Committee filed a complaint against Shepler. He did not answer. Shepler also failed to respond to a request for admissions served by the Committee. Although Shepler received proper notice of the hearing, he did not attend. The Grievance Commission filed its findings of fact, conclusions of law and report of recommendations, recommending disbarment. Shepler did not appeal.
When an attorney fails to appeal the Commission's decision, we review de novo the record made before the Commission and decide the matter. Iowa Sup.Ct.R. 118.10. The Commission concluded that Shepler's conduct violated DR 1-102(A)(1), (4), (6) (prohibiting conduct involving dishonesty, fraud, deceit, or misrepresentation or any other conduct adversely reflecting on fitness to practice law) and DR 7-104(A)(1) (). Upon our...
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