Summary
The Iowa Supreme Court reviewed extensive attorney misconduct by Dennis Bjorklund, including false testimony, misleading advertising, failure to account for and refund client funds, neglect of client matters, misrepresentations, and evasion of service. Applying de novo review and considering Bjorklund’s prior disciplinary history and pervasive misconduct, the court concluded that he lacked the character required to practice law. The court revoked his license to practice law in Iowa.
Holdings
- The Supreme Court reviews the findings of the Grievance Commission de novo.
- When a lawyer fails to answer the disciplinary complaint or respond to requests for admissions, the allegations in the complaint and the requests for admissions are deemed admitted.
- Bjorklund committed the charged ethical violations, including dishonesty and misrepresentation, improper advertising and solicitation, failure to account for and return client funds and files, neglect of client matters, and conduct prejudicial to the administration of justice.
- Revocation of Bjorklund's license to practice law was warranted.
Questions Presented
- Whether the evidence established the charged violations of Iowa's professional-responsibility rules and related statutes.
- Whether Bjorklund's failure to answer the complaint and respond to requests for admissions permitted the allegations to be deemed admitted.
- What sanction was appropriate for Bjorklund's numerous, serious, and pervasive ethical violations.
Disposition
other
Cases Cited (10)
- Iowa Supreme Ct. Attorney Disciplinary Bd. v. McGrath, 713 N.W.2d 682, 695 (Iowa 2006)(followed)
- Iowa Supreme Ct. Attorney Disciplinary Bd. v. Moonen, 706 N.W.2d 391, 396 (Iowa 2005)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Bjorklund, 617 N.W.2d 4, 9-10 (Iowa 2000)(distinguished)
- Comm. on Prof'l Ethics & Conduct v. Wenger, 469 N.W.2d 678, 679 (Iowa 1991)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Apland, 577 N.W.2d 50, 55-56, 59 (Iowa 1998)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Sullins, 556 N.W.2d 456, 457 (Iowa 1996)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Beckman, 674 N.W.2d 129, 138-139 (Iowa 2004)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Kallsen, 670 N.W.2d 161, 164 (Iowa 2003)(followed)
- Comm. on Prof'l Ethics & Conduct v. Hall, 463 N.W.2d 30, 36 (Iowa 1990)(followed)
- Comm. on Prof'l Ethics & Conduct v. Crary, 245 N.W.2d 298, 307 (Iowa 1976)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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