Iowa considers less transparency in discipline process

July 26, 2011
Back to TopCommentsE-mailPrintBookmark and Share

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?

ADVERTISEMENT
  • 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).

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

ADVERTISEMENT