Pro Bono Work Mitigates Sanction
The Iowa Supreme Court has indefinitely suspended an attorney without possibility of reinstatement for six months.
The attorney represented a client in post-divorce litigation.
On a scheduled hearing day
On the morning of May 9, Vandel called Floyd’s attorney, Tyler Johnston, and told him the hospital notified her she needed to go in for a blood transfusion that day and asked if he would agree to a continuance. After Johnston agreed to the continuance, Vandel called Judge Gunderson and indicated she was medically incapable of attending the hearing. Vandel followed up with an email expressing her gratitude to Judge Gunderson and Johnston for understanding her need for the transfusion. Due to Vandel’s representations concerning her need for a blood transfusion, the court continued the hearing to the date of trial on May 20. Despite her representations, Vandel did not receive a blood transfusion on May 9.
It gets worse
During the modification trial, Nichole testified that Vandel told her three days before the trial she was going to withdraw as counsel on the first day of trial if Nichole did not pay her an additional $10,000. When Nichole told Vandel she was unable to pay $10,000, Vandel lowered the amount to $5000. Although Nichole did not make an additional payment, Vandel appeared for trial and did not file a motion to withdraw. However, throughout the trial, Vandel continued to tell Nichole that she was going to withdraw if she did not make an additional payment. Nichole explained to Judge Blane that Vandel’s threats to withdraw put her “under extreme stress,” and she felt like she was being “harassed . . . badgered, and . . . threatened.”
Additionally, on the first day of trial, Vandel presented Nichole with documents to sign in the form of a mortgage with a promissory note, attorney fee lien, assignment of income, judgment by confession, and assignment of wages. Vandel falsely told Judge Blane she did not present any documents for Nichole to sign during the trial. Further, when Vandel threatened to withdraw if she did not receive an additional payment, Vandel did not inform Nichole of the likelihood that the judge would grant or deny such a motion.
On May 28, Judge Blane found Vandel “guilty [beyond a reasonable doubt] of nine (9) counts of contempt of court by willfully counseling, thereby aiding and abetting the violation of the Court’s Decree of May 19, 2004, pursuant to Iowa Code section 665.2(3).”
Judge Blane also filed a complaint with the Board against Vandel. On June 6, Nichole filed a complaint with the Board against Vandel. In response to Nichole’s complaint, Vandel wrote a letter to the Board on July 2, continuing to claim she needed medical treatment on May 9. In Vandel’s appellate brief filed on April 8, 2014, she again asserted that she was unavailable for the hearing on May 9, 2013, because she “had to go in for a blood transfusion.” However, in a letter to the Board’s investigator on April 11, 2014, Vandel stated there were no medical records showing she had a blood transfusion on May 9, 2013.
The bar investigation revealed trust account violations with the fee.
The attorney defaulted on the charges but appeared at the hearing
At the hearing, Vandel asked the commission to take into consideration the fact that she does not intend to practice law in the future and her history of providing pro bono legal services throughout her career. Following the hearing, the commission recommended we suspend Vandel’s license to practice law with no possibility of reinstatement for a period of one year.
The court pointed to prior discipline and other aggravating factors but also found mitigation
We also take into consideration the mitigating factors present in this case. First, we acknowledge that Vandel was hospitalized for a severe illness near the time she requested a continuance for the hearing on May 9. Although Vandel did not have a blood transfusion on May 9, she was admitted to the hospital on May 7 for severe illness and pain. She left the hospital on the morning of May 8, despite being counseled against leaving because of the severity of her illness. “While personal illness will not excuse an attorney’s misconduct, such illnesses may influence our approach to discipline.” Netti, 797 N.W.2d at 606.
Second, we note Vandel has provided substantial pro bono legal work throughout her career and routinely performs work for low-income clients. See Iowa Supreme Ct. Att’y Disciplinary Bd. v. McGinness, 844 N.W.2d 456, 467 (Iowa 2014) (stating community service is a mitigating factor)…
We suspend Vandel’s license to practice law in Iowa with no possibility of reinstatement for six months from the date of this opinion. This suspension applies to all facets of the practice of law.
(Mike Frisch)