Iowa considers less transparency in discipline process

July 26, 2011
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When it comes to disciplinary actions involving professionals – doctors, nurses, lawyers – I am all for as much transparency and access to information as possible. This isn’t just due to the line of work I’m in. I believe in educated consumers, and how can one make an informed choice without knowing their attorney or physician made some bad choices in the past.

When looking to purchase a new camera or visit a specific hotel, people read reviews. Why waste your money on a camera that people say is hard to use or not worth the price? It’s the same principle when shopping for a lawyer – before plunking down a retainer or entering into a contract, as the client, you should have the right to know the attorney was suspended for stealing from a client or whatever reason he or she had been disciplined.

In Iowa, the Supreme Court is considering whether to keep the disciplinary process confidential in exchange for cooperation from the offending attorney. If the attorney agrees that their license should be suspended, the matter could be prevented from being disclosed.

Bad idea.

I should be allowed to know whether I’m dealing with an attorney with a former drug problem or a history of not properly representing clients. Many of the attorneys who are disciplined can recover from the gaffe and move on to have incident-free careers. But there are the repeat offenders who cannot.

Making the process less transparent could also give those attorneys considering breaking the rules less pause to do so. If they know there’s likely no way the public will find out what they did, what’s there to keep them in check?

In Indiana, our process seems more transparent than what’s described in a Des Moines Register article. If you search Indiana’s Roll of Attorneys, you can see whether someone has been disciplined or has pending discipline. While you don’t know the topic of the pending matter, at least you’re aware the attorney may get in trouble for some reason.

What are your thoughts on the Iowa proposal?

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  • Transparency Tradeoff
    Iowa is for sure going in the wrong direction.
    But don't forget that in Indiana, as in most states, transparency only applies when a grievance has made it through several layers of in-house screening.
    This is a tough tradeoff, but probably the correct one. If every grievance is immediately made public, a lawyer can take a hit from a bogus complaint and have a very hard time living it down.
  • dont go there!
    It is most certainly a bad trajectory. Transparency is protection not only for the public but also lawyers. Lawyers need to be protected from bullying for political reasons. The less transparency in the process the less protection for the politically incorrect lawyer who may be bullied into resigning. I am thinking of In re Anastaplo and cases like that.

    Lawyers have a right to free speech too and dont just waive it by applying to the bar.

    And that should not just count for the left.
  • Chaining down the attorneys
    Looks like the Iowa S.Ct. joins another (much closer to us) in viewing all attorneys as its lackeys. All better be ready, willing and able to deny Christ as King -- as I was not -- they want to be attorneys in the Brave New World the elites are building for us (well, some of us).

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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