Application of Swanson, C2-75-46057
| Decision Date | 17 February 1984 |
| Docket Number | No. C2-75-46057,C2-75-46057 |
| Citation | 343 N.W.2d 662 |
| Parties | In the Matter of the Application of Carl Sigurd SWANSON for Reinstatement as a Member of the Bar of the State of Minnesota. |
| Court | Minnesota Supreme Court |
Robert T. White, St. Paul, for petitioner.
Michael J. Hoover, Director of Lawyers Professional Responsibility Board, and William J. Wernz, St. Paul, for respondent.
Heard, considered and decided by the court en banc.
This is a petition for reinstatement by Carl Sigurd Swanson, who was disbarred on March 1, 1976. The Director of the Lawyers Professional Responsibility Board investigated petitioner's request and recommended against reinstatement. The matter was heard before a panel of the Lawyers Professional Responsibility Board on July 20, 1983. The panel also recommended against reinstatement. We affirm the panel's recommendation.
Petitioner was disbarred for converting funds from various clients' trust and estate accounts. By stipulation, he admitted the allegations set forth in the Amended Petition for Disciplinary Action which resulted in his disbarment. The Amended Petition recited the following complaints:
1. Mr. Swanson failed to distribute $31,525.01 from an estate.
2. Mr. Swanson issued NSF checks of $6,748.42 from his own trust account and $16,762.74 from a client's estate as executor in payment of distributive shares.
3. Mr. Swanson forged the signature of an executrix on a check of $11,650 payable to his own trust account and later withdrew this money to pay a distributee of another estate.
4. Mr. Swanson withdrew $5,500 from a client's estate account and deposited the money in his own personal checking account, thus delaying final distribution to a residuary legatee.
5. Mr. Swanson deposited $13,375.93 from a client's estate account into his own trust account and, without making additional deposits, withdrew $3,000 from his trust account and deposited the money into his wife's personal account. He also drew two checks of $901.50 and $750 on his trust account and deposited this money into his own business account.
6. Mr. Swanson deposited $13,000 from the proceeds of the settlement of a will contest into his trust account. He later withdrew these funds and, by the date of the decree of distribution of the settlement, his trust account was closed with a closing balance of $2.08.
These activities took place between 1971 and 1974, with most of the offenses occurring in October and November of 1974. Petitioner was temporarily suspended by this court on July 18, 1975, and disbarred on March 1, 1976. On January 19, 1977, he was convicted of a felony (theft exercising temporary control). He received a 10-year sentence, which was stayed pending service of a 1-year sentence in the Ramsey County Workhouse, restitution to his clients, payment of a $5,000 fine, and compliance with a 10-year probationary period. Petitioner has documented restitution to all clients. On June 16, 1981, he was honorably discharged from probation.
For the 3 years following his disbarment, petitioner worked at terminating his practice and served his term in the workhouse. During the tax seasons of 1979, 1980, and 1981, he worked part-time preparing tax returns for Beneficial Income Tax Services. Since 1979, he has been employed as a claims representative at Northland Insurance Company. Petitioner handles a wide variety of liability claims filed against Northland. His present position includes considerable discretionary power to sign drafts.
At the hearing before the panel, a number of character witnesses testified to petitioner's good reputation in the Payne Avenue area of St. Paul where he practiced before disbarment. This reputation persisted even after disbarment.
Petitioner has continued his legal education since disbarment. He has completed three insurance industry courses, risk management and income tax courses at the University of Minnesota, technical writing and cost accounting course at Lakewood Junior College, and CLE seminars sponsored by Hamline Law School.
The Director of the Lawyers Professional Responsibility Board opposes reinstatement on two grounds. First, there is an allegation that petitioner never paid a bill for some improvements made to his private property. On May 1, 1975, petitioner issued a check from his personal account to R.R. Ties, a railroad ties company, in the amount of $1,220 as payment for some work on his property. The check was dishonored. By a letter dated May 17, 1983, R.R. Ties indicated that it had never received payment from petitioner. At the hearing before the panel, petitioner stated that he felt "certain that [the bill] has been...
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In re Tigue, A19-1603
...client to pay retainer to defend a fictitious charge); Herman , 197 N.W.2d at 241–42 (repeated "swindling" of clients); In re Swanson , 343 N.W.2d 662, 663 (Minn. 1984) (forgery and intentional misappropriation); In re Hanson , 454 N.W.2d 924, 925 (Minn. 1990) (forgery and intentional misap......
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In re Sand, A18-1795
...the legal profession" or other third parties, we have previously found the petition insufficient to earn reinstatement. In re Swanson , 343 N.W.2d 662, 665 (Minn. 1984). In other words, "[b]efore we reinstate, more than petitioner's word ... is required." In re Williams , 433 N.W.2d 104, 10......
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In re Stewart, A16-1309
...the most serious acts of misconduct a lawyer can commit." In re Swanson , 405 N.W.2d 892, 893 (Minn. 1987) ; see also In re Swanson , 343 N.W.2d 662, 663 (Minn. 1984) (describing the conduct committed by the attorney resulting in his disbarment). Accordingly, I would disbar Stewart. HUDSON,......
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In re Reinstatement of Mose
...failure to pay claims as an indication that the petitioner has not undergone a sufficient moral change. See, e.g., In re Swanson, 343 N.W.2d 662, 664 (Minn. 1984); see also Kadrie, 602 N.W.2d at Finally, Mose disclosed his suspension to his supervisor at Home Line. The supervisor testified ......