On November 6, 2023, Attorney Daniel W. Ewald filed his answer to the petition of misconduct, alleging that Ewald engaged in dishonesty, failed to competently represent his clients, and did not properly address conflicts of interest.
The case is entitled “In the Matter of Daniel W. Ewald” with case number PRB-013-2023.
On October 17, 2023, Ewald was formally charged by the Office of Disciplinary Counsel with violations of the Vermont Rules of Professional Conduct related to two land transactions he handled in 2014.
The petition stemmed from Ewald’s representation of Audie and Lisa Bellimer in their 2014 purchase of land and a seasonal camp from their relative, Raymond Otis Robinson. Ewald is also alleged to have represented Robinson in the subsequent sale of Robinson’s remaining property to a third party. The petition claimed Ewald notarized a deed signature when the client was not present, failed to record the Bellimers’ deed in a timely manner resulting in the loss of a right-of-way, and did not obtain informed consent regarding his concurrent representation of both buyers and seller.
In his answer, Ewald admitted to some allegations but disputed many key facts. He admitted not timely recording the Bellimers’ deed but claimed this was a mistake, not misconduct. Ewald denied allegations of dishonesty or failing to address conflicts of interest. Regarding his notarization of Robinson’s signature when Robinson was not present, Ewald claimed Robinson acknowledged the signature over the phone.
In response to one count alleging Ewald blamed Robinson for omitting the Bellimers’ right-of-way from deeds, Ewald denied making misleading statements. On other factual allegations, Ewald claimed lack of sufficient information. Ewald defended filling out the notary portion on a copy of the Bellimers’ unsigned deed years later by saying it accurately reflected the original signing circumstances in 2014.
According to Avvo, Mr. Ewald is a business attorney in Killington, Vermont. He graduated from the Vermont Law School and obtained his law license in Vermont in 1983.
A copy of the original filing can be found here.