On Friday, February 10, 2023, the Supreme Court of Iowa suspended attorney Beau Alvin Bergmann after the latter failed to properly assist his client in filing his notice of appeal. The case is entitled “In the Matter of Beau Alvin Bergmann” with case no. 22-2091.

The charges cited Iowa Rules of Professional Conduct 1.3, 3.2, 1.5(a), 1.15(d), 1.4(a)(2).

On December 20, 2022, the respondent filed before the Grievance Commission of the State of Iowa an affidavit and consent to suspension. In the said affidavit, the respondent stated that if he will be suspended it will place a great hardship on the judiciary to reassign a significant number of cases that he currently handles. This is in regard to the suspension of the respondent due to his violation of the Rules of Professional Conduct in several matters. In one instance, the respondent allegedly failed to correct his client’s faulty notice of appeal. In other cases, he also admitted that he failed to refund unearned fees of some clients and also failed to obtain the information for proper service from clients.

The filing states:

“On September 17, the lowa Supreme Court filed an Order stating that no notice of appeal was filed with the district court and that “[within 14 days of the date of this order, the appellant shall file a statement stating whether the court has jurisdiction to consider the informational notice of appeal.”I failed to file a jurisdictional statement as ordered. I filed a Notice of Appeal with the district court in Johnson County DADA004141 on September 22. This Notice of Appeal was filed with the lowa Supreme Court in Case No. 21-1085 on September 23.”

The filing continues:

“On March 18, Osier requested a refund of unearned fees from the $3000 retainer. My office failed to provide this refund. On March 30, Osier’s new counsel, Diana Miller, requested a refund of the unearned fees. I failed to respond. The total amount billed by my paralegal and myself was $1615. The remaining unearned amount of the retainer was $1385. In December of 2022, I refunded the $1385 to Osier. Documentation related to this matter is being provided in the confidential appendix as Exhibits 2 and 3.”

The Attorney Disciplinary Board filed its response to the respondent’s consent to revocation. In the said response, the former recommended that the court accept the respondent’s consent to revoke his license. The board stated that the respondent’s conduct has increased in severity since his earliest public reprimand.

The filing further states:

“Bergmann’s conduct and violations have become more numerous and the severity has increased since the issuance of his public reprimand. Many of the same mitigating factors that resulted in Bergmann’s first public reprimand are still present here but did not solve the problems that resulted in the first public reprimand. There are more aggravating factors that exist in these matters than in Bergmann’s first public reprimand. Bergmann’s misconduct has not been deterred with a public reprimand. Based on the foregoing, the Board respectfully recommends the Court accept Bergmann’s affidavit consenting to suspension and impose a suspension of thirty days. Dated: December 22, 2022.”

In consideration of the respondent’s affidavit and the recommendation of the Attorney Disciplinary Board, the court decided to suspend the respondent.

The Disposition states:

“The 30-day suspension of Bergmann’s license to practice law begins 10 days from the date of this order. lowa Ct. R. 34.23(1). The suspension applies to all facets of the practice of law. Id. r. 34.23(3). Bergmann must comply with the notification requirements of lowa Court Rule 34.24. The court taxes the costs of this action to Bergmann in accordance with lowa Court Rule 36.24(1).”

Mr. Bergman attended the Drake University Law School, graduating in 2012. He practices in Mount Pleasant, Iowa. He is licensed in Iowa. Mr. Bergman’s info can be found on Linkedin.

A copy of the original filing can be found here.