Overview
The Iowa Supreme Court suspended attorney William J. Lane’s license for six months after finding he plagiarized a legal brief and attempted to collect excessive fees, thereby violating multiple professional conduct rules.
Background and Proceedings
- Lane submitted a post-trial brief in the Sicard ADA case, plagiarizing extensively from a published treatise without proper attribution.
- He applied for $16,000 in fees for the brief, claiming eighty hours of work at $200/hour, though the work was largely copied.
- The federal judge questioned the authorship, ordered Lane to identify sources, and Lane initially failed to comply.
- Lane’s eventual compliance included a lengthy list of sources that obscured the true origin of the material.
- Despite personal hardships (e.g., a house fire), Lane continued to mislead the court about his work and fee application.
- Lane's conduct in two bankruptcy cases was also investigated, but no ethical violations were found there.
Ethical Violations and Findings
- Lane violated DR 1-102(A)(1), (3), (4), (5), (6) (dishonesty, misrepresentation, prejudicial conduct) and DR 2-106(A) (illegal/excessive fees).
- Plagiarism constituted both misrepresentation to the court and deceit, undermining legal profession integrity.
- Lane’s actions showed an intent to deceive by submitting plagiarized work as original and inflating his hours for personal gain.
- Lane had a prior public reprimand for related conduct.
Aggravating and Mitigating Factors
- Aggravating: Lane’s prior disciplinary history and the seriousness of his intent to deceive.
- Mitigating: Lane’s acknowledgment of poor judgment, difficult personal circumstances, and some character testimony.
- Lane did not fully recognize the severity of his wrongdoing.
Sanction and Court Order
- The Court imposed a six-month license suspension, citing the need to deter misconduct and protect the public and the reputation of the Bar.
- No reinstatement until at least six months have passed; Lane must demonstrate compliance and non-practice during suspension.
- Lane is responsible for the costs of the action.
Decisions
- Suspend Lane’s law license for six months.
- Require Lane to prove compliance and non-practice for reinstatement.
Action Items
- Upon reinstatement application – Lane: Provide proof of non-practice and compliance with requirements.
- Sixty days prior to any reinstatement hearing – Lane: File application as per Iowa Ct. R. 35.13(1)(a).
Key Dates / Deadlines
- Lane’s suspension is effective as of the filing date of the opinion.
- No reinstatement consideration for at least six months.
- Reinstatement hearing at least sixty days after application filing.