Pattern Of Misconduct May Lead To License Revocation
A six-month suspension was imposed by the Iowa Supreme Court of an attorney who had engaged in misconduct in the wake of an earlier 60-day suspension.
The attorney had run up a large bill in a mechanic’s lien matter, failed to comply with an arbitration ruling against her and falsely claimed to have paid the refund.
By the time the matter ended, Barnhill had billed Jayne over $60,000 for her work. Jayne paid the bill but believed it was unreasonable given the breadth of his legal problem. He retained new counsel and filed a complaint with the Polk County Bar Association Attorney Fee Arbitration Committee. In April 2014, the committee determined the fee Barnhill charged was “unreasonable given the amount of work performed . . . in relation to the scope of the problem.” It ordered Barnhill to refund Jayne twenty-five percent of the fees collected…
Barnhill missed her intended payment deadline and did not repay Jayne by the end of October. Jayne subsequently filed a complaint with the Board and retained attorney Kevin Abbott to collect the amount owed. Abbott sent Barnhill a letter dated November 24, 2014, in which he requested payment from Barnhill within ten days. Two weeks later, Barnhill responded by email that Abbott “should have [a] check for full payment.” Barnhill further requested that upon receiving the check (check #2), Jayne execute “a full release and satisfaction,” including a “release” of Jayne’s complaint to the Board. Barnhill indicated she was “prepared to take all actions available,” including “claims against Don Jayne resulting from his continuing conduct,” unless she received “a global release within 48 hours.” She also sent a fax to Abbott’s office warning Abbott that she did not consent to him disbursing any proceeds of check #2 to Jayne until she received an acceptable release.
The pattern of misconduct concerned the court
After considering these cases and the circumstances presented here, we conclude a six-month suspension is appropriate. Barnhill’s misconduct is just as serious as the conduct we condemned in McGinness. And while we imposed a three-month suspension for a one-time occurrence in Hohnbaum, Barnhill has established a pattern of unethical conduct and a disciplinary history justifying a lengthier suspension in this case. If that pattern continues, the sanctions will escalate further in any future disciplinary proceedings—including possible revocation.
The McGuinness case involved an NCAA champion wrestler who forged certificates of service to avoid the consequences of discovery lapses. (Mike Frisch)