Iowa Supreme Court Attorney Disciplinary Board v. David L. Strand
841 N.W.2d 600
| Iowa | 2014Background
- Strand, an Iowa attorney admitted in 1984, faced a 2013 disciplinary complaint for alleged misconduct in two matters.
- In the Estate of Shiloh Deal, Strand settled claims around July 2009 without court approval and without proper appointment, withholding $128,500 of settlement funds.
- Strand also received a second $100,000 in October 2010 from the insurer for Deal’s estate, again not informing the administrators or seeking court approval.
- A March 2012 check for $71,000 to the estate bounced twice; Strand later wired $71,500 to a coadministrator, but funds to the estate were not fully disbursed.
- Strand failed to transfer files to new counsel for Randall Deal, and later misrepresented settlement timing to Hackman regarding an April 2012 real estate sale.
- The Board alleged multiple ethical violations; the Grievance Commission found all allegations proven and recommended license revocation; Strand did not participate in proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Strand convert client funds? | Board: yes, Strand converted funds. | Strand did not participate; no responsive defense. | Yes; conversion established and license revoked. |
Key Cases Cited
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Stowe, 830 N.W.2d 737 (Iowa 2013) (conversion warrants revocation)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Adams, 809 N.W.2d 543 (Iowa 2012) (revocation for client-fund misappropriation)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Nelsen, 807 N.W.2d 259 (Iowa 2011) (revocation for converting funds with no colorable claim)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Earley, 774 N.W.2d 301 (Iowa 2009) (no colorable claim to funds warrants revocation)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Carroll, 721 N.W.2d 788 (Iowa 2006) (no place for lawyers who convert funds)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Reilly, 708 N.W.2d 82 (Iowa 2006) (revocation for conversion of client funds)
- Iowa Supreme Ct. Bd. of Prof’l Ethics & Conduct v. Bell, 650 N.W.2d 648 (Iowa 2002) (revocation for converting funds of nonprofit organization)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Ottesen, 525 N.W.2d 865 (Iowa 1994) (no place for lawyers who convert funds)
- Comm. on Prof’l Ethics & Conduct v. Tullar, 466 N.W.2d 912 (Iowa 1991) (misconduct supporting revocation rationale)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Cannon, 821 N.W.2d 873 (Iowa 2012) (burden and standard in discipline cases)