Iowa Supreme Court Attorney Disciplinary Board v. Brandon Adams
2012 Iowa Sup. LEXIS 19
| Iowa | 2012Background
- Board filed a two-count complaint alleging misappropriation of client funds in Moore and Muhammad matters.
- Adams did not respond to the complaint or participate in proceedings; allegations deemed admitted.
- Grievance Commission found multiple ethical violations and recommended license revocation.
- Adams had prior discipline; suspended in 2008 and has not sought reinstatement.
- Commission found misappropriation of funds for personal use and violations of multiple ethical rules; court emphasizes dishonesty.
- Supreme Court revokes Adams’ license based on proven misappropriation and serious misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Adams’ misappropriation constitute professional misconduct? | Adams misappropriated client funds in Moore and Muhammad. | Adams did not contest; arguments not raised, but Board asserts misconduct. | Yes; misappropriation established and constitutes misconduct. |
| Should the license be revoked for misappropriation? | Misappropriation warrants revocation given seriousness. | Adams did not defend; implied argument aligns with misconduct. | License revoked. |
| Are deemed admissions sufficient to prove the misconduct? | Admissions by nonresponse support the Board’s claims. | Not applicable; Adams did not respond. | Deemed admissions corroborate the Board’s allegations. |
| Did the court need to address additional disciplinary violations beyond misappropriation? | Misconduct alone supports discipline; additional violations exist. | Not raised; court can rely on core misappropriation. | Unnecessary to discuss other violations; misappropriation suffices for revocation. |
Key Cases Cited
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Earley, 774 N.W.2d 301 (Iowa 2009) (misconduct burden; revocation standard)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Reilly, 708 N.W.2d 82 (Iowa 2006) (no tolerance for misappropriation; revocation appropriate)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Carroll, 721 N.W.2d 788 (Iowa 2006) (misappropriation; revocation standard)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. D’Angelo, 710 N.W.2d 226 (Iowa 2006) (misappropriation and professional misconduct)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Bell, 650 N.W.2d 648 (Iowa 2002) (no place for misappropriation; revocation)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Leon, 602 N.W.2d 336 (Iowa 1999) (misappropriation of client funds; revocation)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Carr, 588 N.W.2d 127 (Iowa 1999) (single act misappropriation; license revoked)
- Iowa Supreme Ct. Bd. of Prof’l Ethics & Conduct v. Lett, 674 N.W.2d 139 (Iowa 2004) (disciplinary ethics standards)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Johnson, 792 N.W.2d 674 (Iowa 2010) (discipline standards; de novo review)