Comm. on Prof'l Ethics & Conduct of the Iowa State Bar Ass'n v. Rauch, 486 N.W.2d 39 (Iowa 1992). · Go Syfert
Comm. on Prof'l Ethics & Conduct of the Iowa State Bar Ass'n v. Rauch, 486 N.W.2d 39 (Iowa 1992). Cases Citing This Book View Copy Cite
31 citation events (26 in the last 25 years) across 1 distinct court.
Strongest positive: Iowa Supreme Court Attorney Disciplinary Board v. Eric Kenyatta Parrish (iowa, 2019-03-22)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
cited Cited as authority (rule) Iowa Supreme Court Attorney Disciplinary Board v. Eric Kenyatta Parrish
Iowa · 2019 · confidence medium
Comm. on Prof’l Ethics & Conduct v. Rauch, 486 N.W.2d 39, 40 (Iowa 1992) (per curiam).
discussed Cited as authority (rule) Iowa Supreme Court Attorney Disciplinary Board v. John Michael Carter
Iowa · 2014 · confidence medium
The phrase first surfaced in Anderson, see 687 N.W.2d at 590 , but it was a concept we have recognized for a much longer period of time, see Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Allen, 586 N.W.2d 383, 385, 390 (Iowa 1998) (suspending the law license of a lawyer who took fees from a conservatorship without first obtaining court approval); Comm. on Prof'l Ethics & Conduct v. Jackson, 492 N.W.2d 430, 433, 435 (Iowa 1992) (suspending the law license of a lawyer who took fees before obtaining court approval required by probate rule); Comm, on Prof'l Ethics & Conduct v. Rauch, 486 N.W.…
cited Cited as authority (rule) Iowa Supreme Court Attorney Disciplinary Board Vs. Allan H. Rauch
Iowa · 2008 · confidence medium
Comm. on Prof’l Ethics & Conduct v. Rauch, 486 N.W.2d 39, 40 (Iowa 1992).
cited Cited as authority (rule) Iowa Supreme Court Attorney Disciplinary Board v. Rauch
Iowa · 2008 · confidence medium
Comm, on Prof'l Ethics & Conduct v. Rauch, 486 N.W.2d 39, 40 (Iowa 1992).
discussed Cited as authority (rule) Iowa Supreme Court Attorney Disciplinary Board Vs. Kay E. Dull
Iowa · 2006 · confidence medium
Corp., 389 N.W.2d 386, 388-89 (Iowa 1986), and when counsel lost his temper in chambers, slammed a book on the floor, and used obscene language to criticize the judge’s refusal to grant a continuance, Comm. on Prof’l Ethics & Conduct v. Rauch, 486 N.W.2d 39, 39-40 (Iowa 1992) (per curiam).
discussed Cited as authority (rule) Iowa Supreme Court Attorney Disciplinary Board v. Dull
Iowa · 2006 · confidence medium
Corp., 389 N.W.2d 386, 388-89 (Iowa 1986), and when counsel lost his temper in chambers, slammed a book on the floor, and used obscene language to criticize the judge’s refusal to grant a continuance, Comm, on Prof'l Ethics & Conduct v. Rauch, 486 N.W.2d 39, 39-40 (Iowa 1992) (per curiam).
discussed Cited as authority (rule) Iowa Supreme Court Attorney Disciplinary Board v. Reilly
Iowa · 2006 · confidence medium
See, e.g., Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Allen, 586 N.W.2d 383, 391 (Iowa 1998); Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Hansel, 558 N.W.2d 186, 192 (Iowa 1997); Comm. on Prof'l Ethics & Conduct v. Rauch, 486 N.W.2d 39, 40 (Iowa 1992).
discussed Cited as authority (rule) Iowa Supreme Court Attorney Disciplinary Board, Vs. Michael Gerard Reilly
Iowa · 2006 · confidence medium
See, e.g., Iowa Supreme Ct. Bd. of Prof’l Ethics & Conduct v. Allen, 586 N.W.2d 383, 391 (Iowa 1998); Iowa Supreme Ct. Bd. of Prof’l Ethics & Conduct v. Hansel, 558 N.W.2d 186, 192 (Iowa 1997); Comm. on Prof’l Ethics & Conduct v. Rauch, 486 N.W.2d 39, 40 (Iowa 1992).
discussed Cited as authority (rule) Iowa Supreme Court Board of Professional Ethics & Conduct v. Anderson
Iowa · 2004 · confidence medium
See, e.g., Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Allen, 586 N.W.2d 383, 391 (Iowa 1998); Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Hansel, 558 N.W.2d 186, 192 (Iowa 1997); Comm. on Prof'l Ethics & Conduct v. Rauch, 486 N.W.2d 39, 40 (Iowa 1992).
discussed Cited as authority (rule) IA SUPR. CT. BD. OF PROF'L ETHICS v. Bell
Iowa · 2002 · confidence medium
E.g., Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Allen, 586 N.W.2d 383, 391 (Iowa 1998) (one-year suspension); Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Hansel, 558 N.W.2d 186, 192 (Iowa 1997) (three-year suspension); Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Gottschalk, 553 N.W.2d 322, 325 (Iowa 1996) (one-year suspension); Comm. on Prof'l Ethics & Conduct v. Harris, 524 N.W.2d 179, 180 (Iowa 1994) (three-year suspension); Comm. on Prof'l Ethics & Conduct v. Rauch, 486 N.W.2d 39, 40 (Iowa 1992) (one-year suspension). [2] *654 We find these cases distinguishable from …
discussed Cited as authority (rule) Iowa Supreme Court Board of Professional Ethics & Conduct v. Bell
Iowa · 2002 · confidence medium
E.g., Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Allen, 586 N.W.2d 383, 391 (Iowa 1998) (one-year suspension); Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Hansel, 558 N.W.2d 186, 192 (Iowa 1997) (three-year suspension); Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Gottschalk, 553 N.W.2d 322, 325 (Iowa 1996) (one-year suspension); Comm, on Prof'l Ethics & Conduct v. Harris, 524 N.W.2d 179, 180 (Iowa 1994) (three-year suspension); Comm, on Prof'l Ethics & Conduct v. Rauch, 486 N.W.2d 39, 40 (Iowa 1992) (one-year suspension). 2 We find these cases distinguishable from the pre…
discussed Cited as authority (rule) Iowa Supreme Court Board of Professional Ethics & Conduct v. Leon
Iowa · 1999 · confidence medium
See, e.g., Allen, 586 N.W.2d at 391 (one-year suspension for taking unauthorized fees and misappropriating funds from conservatorship; ward died during the conservatorship and lawyer and sister were sole beneficiaries of ward’s will; lawyer did not attempt to cover up his misdeeds, and this court acknowledged the facts were unique); Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Gottschalk, 553 N.W.2d 322, 325 (Iowa 1996) (one-year suspension for taking $1000 from trust account to pay office expenses; although attorney claimed there were probate fees in trust account totaling more than $…
discussed Cited as authority (rule) Iowa Supreme Court Board of Professional Ethics & Conduct v. Allen
Iowa · 1998 · confidence medium
See, e.g., Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Gottschalk, 553 N.W.2d 322, 325 (Iowa 1996) (one-year suspension for taking $1000 from trust account to pay office expenses; although attorney claimed there were probate fees in trust account totaling more than $1000 when he withdrew the funds, there were no court orders allowing the fees); Committee on Prof'l Ethics & Conduct v. Harris, 524 N.W.2d 179, 181 (Iowa 1994) (three-year suspension where one of the charges concerned the attorney’s writing a client a check for $3000 from the lawyer’s trust account at a time when the cli…
discussed Cited as authority (rule) Iowa Supreme Court Board of Professional Ethics & Conduct v. Gottschalk
Iowa · 1996 · confidence medium
See, e.g., Committee on Professional Ethics & Conduct v. Harris, 524 N.W.2d 179, 180-81 (Iowa 1994) (misconduct including failure to advise client of legal affairs, withdrawal from trust to pay fees without express direction, replacing withdrawal by paying client from trust funds belonging to other clients, and failure to cooperate with disciplinary investigation warranted three-year suspension); Committee on Professional Ethics & Conduct v. Rauch, 486 N.W.2d 39, 40 (Iowa 1992) (misappropriation of testamentary trust funds, collection of conserva-torship fee without court approval, maintenance…
cited Cited "see" Iowa Supreme Court Board of Professional Ethics & Conduct v. Evans
Iowa · 1995 · signal: see · confidence high
See Committee on Professional Ethics & Conduct v. Rauch, 486 N.W.2d 39, 39 (Iowa 1992); Committee on Professional Ethics & Conduct v. Coddington, 360 N.W.2d 823, 825-26 (Iowa 1985).
cited Cited "see" Committee on Professional Ethics & Conduct of the Iowa State Bar Ass'n v. Rauch
Iowa · 1993 · signal: see · confidence high
See Committee on Professional Ethics & Conduct v. Rauch, 486 N.W.2d 39 (Iowa 1992).
discussed Cited "see, e.g." Iowa Supreme Court Board of Professional Ethics & Conduct v. Ruth (2×)
Iowa · 2003 · signal: see also · confidence medium
See also Rauch, 486 N.W.2d at 39-40 (one-year suspension for several ethical violations including lawyer's conversion for his personal use of $5000 intended as a gift in trust for his son); Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Allen, 586 N.W.2d 383, 391 (Iowa 1998) (one-year suspension for taking unauthorized fees and misappropriating funds from conservatorship); Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Gottschalk, 553 N.W.2d 322, 325 (Iowa 1996) (one-year suspension for taking $1000 from trust account to pay office expenses).
Retrieving the full opinion text from the archive…
The COMMITTEE ON PROFESSIONAL ETHICS AND CONDUCT OF THE IOWA STATE BAR ASSOCIATION, Complainant,
v.
Allan H. RAUCH, Respondent
92-282.
Supreme Court of Iowa.
Jun 17, 1992.
486 N.W.2d 39
1992 Iowa Sup. LEXIS 269
1992 WL 133286
Norman G. Bastemeyer and Charles L. Harrington, Des Moines, for complainant., Allan H. Rauch, Des Moines, and Patrick W. Brick, Des Moines, for respondent.
Carter, Harris, Larson, McGIVERIN, Schultz.
Cited by 18 opinions  |  Published
PER CURIAM.

This opinion is the result of our review, pursuant to Supreme Court Rule 118.11, of a Grievance Commission recommendation that respondent attorney, Allan H. Rauch, be suspended from practice. The case was heard by the Twenty-Sixth Division of the Grievance Commission (the commission).

The commission found on very persuasive proof that respondent, who was executor and residuary beneficiary of the estate of his uncle, delayed funding a testamentary trust established under his uncle’s will for nearly seven years. The gift in trust was to respondent’s son in the amount of $5000. Respondent, with the consent of the child’s mother, respondent’s former wife, expended some or all of this money for his personal use. He ultimately repaid the money to the estate and funded the trust in the amount of $4950 (the bequest less inheritance tax plus some interest).

The commission also found, based on very convincing proof, that respondent:

(1) had unduly delayed the closing of his uncle’s estate and failed to pay inheritance taxes when due;
(2) took a fee in a conservatorship he was handling without court approval (The fee was later approved by the court.);
(3) kept his client security trust account in a disorganized manner;
(4) lost his temper in the chambers of a district judge, slammed a book on the floor, and used obscene language in criticizing the judge’s refusal to grant a continuance; and
(5) accepted a $3000 retainer to handle a private adoption, and after conditional placement of the child with the adoptive parents, took no action for nearly eleven months to terminate parental rights or finalize the adoption (The clients eventually had to seek the assistance of another lawyer to conclude the matter.).

We are satisfied that the commission’s findings of fact with respect to the alleged disciplinary violations are correct. In addition, we uphold the commission’s conclusions as to respondent’s violation of the following disciplinary rules: DR 1-102(A)(5) (misappropriation of testamentary trust funds); DR 1-102(A)(5), (6) (collection of a fee without court approval); DR 9-103(A) (maintenance of disorganized client trust accounts). In addition, we believe[*40] that respondent’s conduct toward a district judge was a violation of DR 7-106(C)(6) (undignified or discourteous conduct toward a tribunal) and that his mishandling of an adoption proceeding for clients violated DR 6-101(A)(3) (neglecting a legal matter entrusted to attorney).

In regard to its recommendation concerning the discipline to be imposed upon respondent, the commission discussed at length his misappropriation of funds that were impressed with a trust for the benefit of respondent’s son. Although the commission found this violation to be “a very serious matter,” it concluded that, because respondent was himself the residuary beneficiary of the estate and that he secured permission of the child’s guardian to delay funding the trust, the violation did not warrant the extreme sanction of disbarment. [1] The commission recommended that respondent’s license be suspended without the possibility of reinstatement for three months.

In reviewing the commission’s recommendation concerning the appropriate sanction, we will accept its conclusions that respondent’s violation of our disciplinary rules, although extremely serious, does not warrant a revocation of his license. We believe, however, that the mishandling of his son’s trust fund was alone deserving of a more severe sanction than that which was recommended. When his other substantial breaches of professional responsibility are considered, the inadequacy of the recommended sanction is even more apparent. We believe that respondent’s conduct calls for a suspension from practice of not less than one year.

For the reasons stated, respondent Allan H. Rauch’s license to practice law in this state is suspended indefinitely with no possibility of reinstatement for one year. This suspension shall apply to all facets of the practice of law. See Iowa Sup.Ct. R. 118.-12. Upon application for reinstatement, respondent shall have the burden to prove that he has not practiced law during the period of suspension and that he has met the requirements for client notification and disengagement set forth in court rules 118.13 and 118.18. The costs of this disciplinary proceeding are assessed to respondent. It is so ordered.

LICENSE SUSPENDED.

1

. We have recognized that ordinarily misappropriation of client funds or trust funds warrants revocation of the offender’s license. Committee on Professional Ethics & Conduct v. Thomas, 392 N.W.2d 150, 152 (Iowa 1986); Committee on Professional Ethics & Conduct v. Pappas, 313 N.W.2d 532, 534 (Iowa 1981); Committee on Professional Ethics & Conduct v. Rowe, 225 N.W.2d 103, 104 (Iowa 1975).