Iowa Attorney Gets Reprimand But No Probation

An Iowa attorney who was found to have neglected clients received a public reprimand from the state supreme court but won’t be put on probation.

The Supreme Court of Iowa said it wouldn’t impose that part of the sanction recommended by the state grievance committee because Iowa has no formal rule setting probationary terms and conditions.

Rulemaking “with an opportunity for public comment is the appropriate mechanism for adopting any system of probation in our state,” the court’s Jan. 24 opinion said.

The court’s disciplinary board filed a complaint against Beau A. Bergmann, a “relatively inexperienced Iowa attorney” with “too much on his plate,” according to the court regarding his representation of three clients.

The parties stipulated to the facts, and the court found that Bergmann “had a pattern of letting things slide.” He also failed to respond to client phone calls, and he displayed conduct “prejudicial to the administration of justice,” the court said.

It had some harsh words for the parties, however, because the submitted record was too “sparse” and it could draw only limited conclusions.

But it was able to conclude that a public reprimand “is appropriate for this case of neglect,” given the mitigating factors. They include Bergmann’s “inexperience, his personal health issues, his acceptance of responsibility, his cooperation with the Board, his public service, and his willingness to take proactive measures to correct the problems that led to his disciplinary rule violations,” it said.

The case is Iowa Supreme Court Attorney Disciplinary Bd. v. Bergmann, 2020 BL 25685, Iowa, No. 19-1662, 1/24/20.