Iowa Supreme Court Attorney Disciplinary Board v. Dennis Bjorklund

Summary

The Iowa Supreme Court reviewed a Grievance Commission recommendation concerning attorney Dennis Bjorklund. The court found numerous ethical violations, including false testimony, misleading advertising, failure to account for and refund client funds, neglect of client matters, misrepresentation, and failure to cooperate with disciplinary investigations. Concluding that the misconduct was serious and pervasive, the court revoked Bjorklund’s license to practice law in Iowa.

Holdings

1. When a lawyer fails to answer the disciplinary complaint or respond to requests for admissions, the allegations of the complaint and the requests for admissions are deemed admitted.
2. The Supreme Court reviews the Grievance Commission's findings de novo, and ethical violations must be established by a convincing preponderance of the evidence.
3. Bjorklund committed the charged violations of Iowa's professional-responsibility rules, including violations involving dishonesty, misleading advertising, improper solicitation, failure to account for and return client funds, neglect of client matters, failure to return client files, misrepresentations, and conduct prejudicial to the administration of justice.
4. Revocation of Bjorklund's Iowa law license was warranted because his ethical violations were numerous, varied, and serious, and his dishonesty and lack of cooperation demonstrated that he lacked the character required to practice law.

Questions Presented

1. Whether the Grievance Commission's findings that Bjorklund committed the charged ethical violations were supported under the de novo standard of review and the convincing-preponderance-of-the-evidence standard.
2. Whether Bjorklund's failure to answer the disciplinary complaint and respond to requests for admissions caused the complaint allegations and requests for admissions to be deemed admitted.
3. What sanction was appropriate in light of Bjorklund's numerous and serious ethical violations, prior disciplinary history, lack of cooperation, and evasion of service.

Disposition

other