A state panel is recommending that a western Iowa lawyer be disbarred for a “long history of misconduct” that includes a dozen admonishments, reprimands or license suspensions.
The Grievance Commission of the Iowa Supreme Court is recommending the court revoke the Iowa law license of Sioux City lawyer Brien P. O’Brien.
Court records indicate O’Brien has been licensed to practice law in Iowa since 1996. During that time, he has been repeatedly disciplined for violating the rules of professional conduct in Iowa and other states.
In 1998, the Iowa Supreme Court Attorney Disciplinary Board admonished O’Brien for advertising specific, primary practice areas of personal injury law, automobile accidents, work accidents, and slip-and-fall accidents without having filed a certificate of eligibility as to those areas of practice.
In 2001, the board admonished O’Brien for discussing a legal matter with a client in front of others inside his office waiting room.
In 2002, the board admonished O’Brien for cashing a check made payable to O’Brien and another individual without securing the endorsement of that individual.
Also in 2002, O’Brien was disbarred in Nebraska for violating that state’s rules governing client trust accounts and the practice of law.
In 2003, as a result of the Nebraska action, the Iowa Supreme Court suspended O’Brien’s Iowa law license indefinitely, with no possibility of reinstatement for at least three years.
In 2004, O’Brien was criminally convicted of fraudulent practices — charges that stemmed from his failure to file Iowa income tax returns. That conviction resulted in the court suspending his Iowa law license for six months, but the suspension ran concurrent with the 2003 suspension already in place.
In 2011, the board admonished O’Brien for failing to respond to a client’s request for an itemized statement of the legal services for which the client was paying.
In 2012, the board admonished O’Brien for emailing coarse remarks to another attorney, including threats to take actions that would serve no purpose other than to embarrass or burden the opposing party and third-party witnesses in the case.
In 2013, the board admonished O’Brien for failing to file a petition to modify a child-custody and visitation order after accepting $2,240 from the client to do so.
In 2017, the Iowa Supreme Court reprimanded O’Brien for neglecting a client’s divorce case, which resulted in the case being dismissed.
In 2018, the board admonished O’Brien for failing to take action in a client’s divorce, resulting in the case being dismissed.
Board: O’Brien has not learned from past sanctions
The most recent complaint against O’Brien involves his representation of Damon Krull of Woodbury County in a 2019 child-custody dispute. Krull paid O’Brien $2,750 as a retainer. After making his initial appearance in the case, according to the board, O’Brien never filed any paperwork in the matter and never communicated again with Krull, despite the client’s numerous phone calls and visits to his office.
Krull eventually hired another attorney but O’Brien never refunded the $2,750 or provided an invoice for any services.
O’Brien also failed to respond to the Attorney Disciplinary Board’s inquiries about the case and presented no defense when the board brought the case before the Grievance Commission for a hearing. The board recommended the commission ask the court to suspend O’Brien’s license for 18 months.
The commission, citing O’Brien’s extensive history of past violations, rejected the board’s recommendation.
With regard to the Krull case, the commission found that “O’Brien’s involvement in Krull’s case caused more harm than good to Krull’s interest … O’Brien never returned any of Krull’s retainer, and Krull had to borrow money to retain a new attorney to represent him.”
The larger issue, the commission found, was O’Brien’s “long history of misconduct with no mitigating factors,” and it recommended the court revoke O’Brien’s license to practice law in Iowa.
“O’Brien’s actions affected Krull’s mental health and led him to lose his job,” the commission stated in its recommendation to the court. “The Grievance Commission has serious doubts that O’Brien will change his behavior when he has not learned from his many previous mistakes. O’Brien should not be given the opportunity to further harm future clients in the way that his actions harmed Mr. Krull.”
After the board issued its recommendation to the court, the Attorney Disciplinary Board altered its position on the matter and filed a statement in support of the proposed license revocation. “His license has been suspended three times, he has been reprimanded once, and he has been admonished seven times,” the board said of O’Brien. “It is clear that O’Brien has not learned from his previous warnings.”
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