Malcom Attorney Loses License After Iowa Supreme Court Ruling

By Trish Mehaffey, Reporter

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By Aaron Hepker

Story Created: Oct 18, 2009 at 11:52 PM CST

Story Updated: Oct 18, 2009 at 11:52 PM CST

MALCOM - A Malcom lawyer’s license has been revoked for neglecting his clients’ legal matters and misappropriation of client funds, according to an Iowa Supreme Court ruling Friday.

The complaint filed in 2008 against Brian Earley was based on four clients claiming he didn’t file papers in their cases on time, didn’t inform them of trial dates or status of cases, failed to respond to clients’ requests, kept settlement fees and didn’t pay insurance claims and costs as he promised.

His license was previously suspended for four months in 2007 for several issues including neglecting cases, failing to deposit retainer fees to his trust account, misconduct, failing to return a file to a client and failing to cooperate with the board’s inquiries.

Earley, who has practiced since 1993, didn’t initially answer the complaint, according to the ruling. He failed to appear at the hearing and filed a statement to the court at the last minute, asking it not to revoke his license.
The court found he neglected his clients’ legal matters; failed to return files; failed to inform, communicate, account and return property; misappropriated funds and was dishonest.

Earley’s misappropriation of client funds in this case took place during the same time frame as some of the misconduct for which he was previously disciplined, according to the ruling. If the court had known of this misconduct during his prior disciplinary action, it would have imposed a more severe sanction than a four-month suspension.

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