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Ch 38, p.2 UNAUTHORIZED PRACTICE—RULES OF PROCEDURE July 2009 Rule 38.6 Investigation procedure. 38.6(1) Upon receipt of a complaint, the commission may notify the complainant in writing that the complaint has been received and will be considered by the commission. 38.6(2) Upon receipt of a complaint, the commission shall cause the complaint to be set for consideration by the commission at its next meeting. 38.6(3) When considering a complaint, the commission shall act in accordance with the following guidelines: a. If it reasonably appears from the complaint that the respondent is not engaged in the unauthorized practice of law, the chair or the chair’s designee shall notify the complainant in writing of the commission’s position and that the commission will take no further action. b. Other complaints shall be further investigated and acted upon by the commission consistent with this chapter and, if appropriate, referral may be made to the Iowa Supreme Court Attorney Disciplinary Board, the Iowa Department of Justice, or some other agency or entity. c. If the commission determines that a complaint should be investigated further, it may direct that the investigation be conducted by a commission member or members or by the Iowa Attorney General’s office. d. If the commission in its discretion determines that it would be helpful for the respondent to provide a written response to the matters alleged in the complaint, it may direct that the respondent be so notified. In such circumstances the respondent shall be notified of the substance of the complaint and that it is requested, but not required, that within 20 days the respondent provide a written response to the commission concerning the matters referred to in the notice. e. The commission may request the complainant to clarify the complainant’s original statement, to furnish additional information, to disclose sources of information, or to verify by affidavit statements of fact within the complainant’s knowledge. f. The commission may also initiate inquiries of other sources. 38.6(4) Nothing in this rule shall prohibit the chair of the commission from referring any complaint for investigation in advance of the next commission meeting when, in the chair’s discretion, such referral is warranted. [Court Order February 17, 1992, effective July 1, 1992; November 9, 2001, effective February 15, 2002; April 20, 2005, effective July 1, 2005; December 5, 2007] Rule 38.7 Determination following investigation. After the results of an investigation are returned to the commission, the commission may do any of the following: 38.7(1) Close the file and so notify the complainant; or 38.7(2) Contact the respondent to obtain an agreement by the respondent to cease and desist from the unauthorized practice of law; or 38.7(3) Initiate an action pursuant to Iowa Ct.R. 37.2. [Court Order February 17, 1992, effective July 1, 1992; November 9, 2001, effective February 15, 2002] Rule 38.8 Confidentiality. 38.8(1) All unauthorized practice of law investigation matters, including but not limited to files, correspondence, investigation reports, memoranda, and records of investigations, are confidential unless otherwise provided in this chapter or ordered by the Supreme Court of Iowa. All statements, communications, or materials which may be received or obtained by any person investigating any complaint on behalf of the commission shall also be confidential unless otherwise provided in this chapter or ordered by the Supreme Court of Iowa. 38.8(2) Notwithstanding Iowa Ct.R. 38.8(1): a. If the commission initiates an action pursuant to rule 37.2, the petition and all documents filed in that proceeding are public documents. b. The chairperson or other designee of the commission may issue one or more clarifying announcements when the subject matter of a complaint or petition is of broad public interest. No other member of the commission shall make any public statement concerning any matter before the commission without prior approval of the commission. c. Pursuant to the commission’s order, records may be inspected by and their contents disclosed to a person conducting bona fide research for research purposes, provided that no personal identifying data or work product of commission counsel shall be disclosed to such a person. d. Nothing in this chapter shall prohibit the commission from releasing information to its counsel.
July 2009 UNAUTHORIZED PRACTICE—RULES OF PROCEDURE Ch 38, p.3 e. Nothing in this chapter shall prohibit the commission from releasing information as appropriate to the Supreme Court of Iowa, the Iowa Department of Justice, the Iowa Supreme Court Attorney Disciplinary Board, appropriate law enforcement authorities, or some other agency or entity. [Court Order February 17, 1992, effective July 1, 1992; December 15, 1994, effective January 3, 1995; November 9, 2001, effective February 15, 2002; April 20, 2005, effective July 1, 2005] Rule 38.9 Immunity. Members of the commission and their respective staffs shall be immune from suit for any conduct in the course of their official duties. Complaints submitted to the commission, or testimony with respect thereto, shall be privileged and no lawsuit predicated thereon may be instituted. [Court Order February 17, 1992, effective July 1, 1992; November 9, 2001, effective February 15, 2002]
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