Cedar Rapids attorney is suspended from practicing for 30 days

A Cedar Rapids attorney will have his law license suspended 30 days for violations of professional conduct and requires him to get a doctor or mental health professional evaluation to prove his fitness to return, according to a ruling by the grievance commission of the Iowa Supreme Court on Friday.

The Court's Attorney Disciplinary Board alleged attorney Kenneth Dolezal, admitted to the bar in 1983, violated ethical rules by neglecting three clients' matters, failing to deposit fees in to a client trust account, failing to provide accounting, failing to communicate with a client, making misrepresentations to a client and improperly terminating representation of a client.

The commission found he violated rules of Professional Conduct based on three legal matters he handled between 2008 and 2010.

Dolezal in 2007 was retained to handle a couple's conservatorships. He filed a notice of appeal challenging a district court ruling and paid the docketing fee but did nothing else. On Aug. 6, 2008, Dolezal was found in default and personally paid the $50 penalty for late filing.

According to the ruling, Dolezal was found in default two more time and the appeal was dismissed in June 2009, over a year after it was initiated. Dolezal then in May 2009 file a second notice of appeal for only the wife because her husband died. He again didn't pay the filing fee or fines, and this appeal was dismissed.

Dolezal's failure to follow through with or dismiss the appeals and his disregard of the default notices violated ethical rules, according to the court ruling.

In a second case involving a Social Security disability claim for a client in 2006 he received a retainer and filed the federal court complaint but didn't have it served, so the case was dismissed, according to the ruling. He also didn't communicate with this client and didn't properly handle the retainer funds.

In a third case involving a probate proceeding in October 2006, Dolezal failed to file required reports or explain to the court why he was unable to do the work.

Dolezal said the estate remained opened because the client absconded with funds from the estate and he couldn't locate him, according to the ruling.

Dolezal never told the district court this information or tried to withdraw his representation, according to the ruling. The delinquency notices were mailed to the client were returned but the client then filed address change with the court in 2010 but Dolezal still made not attempts to contact the client.

The commission said Dolezal's failure to close an estate in a timely fashion constitutes neglect.

According to the ruling, Dolezal has had past disciplinary problems in 2009 and in the 1990s. The commission also considered Dolezal's issues with depression, which doesn't excuse his conduct but be considered as mitigating factors when deciding discipline. Since the late 1980s Dolezal has had periodic counseling for depression stemming from his combat service  in Vietnam. He has acknowledged the depression and has been treated.