In re Disciplinary Action against Stensland, 20060299.
| Court | United States State Supreme Court of North Dakota |
| Citation | 2006 ND 251,725 N.W.2d 191 |
| Docket Number | No. 20060299.,20060299. |
| Parties | In the Matter of the Application for DISCIPLINARY ACTION AGAINST Monty J. STENSLAND, a Member of the Bar of the State of North Dakota. Disciplinary Board of the Supreme Court, Petitioner v. Monty J. Stensland, Respondent. |
| Decision Date | 12 December 2006 |
Page 191
Disciplinary Board of the Supreme Court, Petitioner
v.
Monty J. Stensland, Respondent.
PER CURIAM.
[¶ 1] Monty J. Stensland was admitted to practice as an attorney at law in the courts of North Dakota on October 10, 1991, and his name has appeared on the roll of attorneys since that date.
[¶ 2] Stensland was served a Summons and Petition for Discipline alleging that Stensland was paid a $350 retainer to represent William Stuckey in a bankruptcy matter. The bankruptcy was to be filed before the middle of October, 2005, when new bankruptcy laws would go into effect. Stuckey was unable to contact Stensland as the time for filing the bankruptcy petition approached, and retained a different attorney to file a bankruptcy petition on Stuckey's behalf. This petition was filed in the United States Bankruptcy Court at 3:45 p.m., October 14, 2005.
[¶ 3] The Petition for Discipline further alleges that at 5 p.m., on October 14, 2005, Stensland also filed a petition in the United States Bankruptcy Court on Stuckey's behalf. Stuckey's signature was required on several documents, and Stensland either signed the documents or at his direction, had another person sign the documents with Stuckey's name. Additionally Stensland failed to list all of Stuckey's real property on the bankruptcy petition.
[¶ 4] The Petition for Discipline asserts that Stensland's conduct is a violation of N.D.R. Prof. Conduct 3.3, Candor Toward
Page 192
the Tribunal, (a lawyer shall not knowingly make a false statement of fact or law to a tribunal or offer evidence that the lawyer knows to be false); N.D.R. Prof. Conduct 8.4, Misconduct, (it is professional misconduct for a lawyer to knowingly assist a judge or judicial officer in conduct that is a violation of applicable canons of judicial conduct or other law); and N.D.R. Lawyer Discipl. 1.2(A)(2), (3), and (8), Grounds for Discipline, (a lawyer may be disciplined for committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer; engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; or engaging in conduct prejudicial to the administration of justice).
[¶ 5] Stensland filed an Answer to the Petition for Discipline, admitting that he was retained to represent Stuckey in a bankruptcy matter. Stensland asserts that the amount of attorneys fees and costs total more...
To continue reading
Request your trial
-
In re Haderlie, 20160133.
...117 (knowingly made false statements to district court during representation of a client); In re Disciplinary Action Against Stensland, 2006 ND 251, ¶¶ 7–10, 725 N.W.2d 191 (attorney improperly signed, or directed another to improperly sign, bankruptcy petition requiring client's signature)......
-
Stensland v. Disciplinary Bd. of the Supreme Court of State (In re Application for Reinstatement of Stensland), 20130008.
...2007 for other violations under the Rules of Professional Conduct and Rules for Lawyer Discipline. See Disciplinary Board v. Stensland, 2006 ND 251, ¶ 12, 725 N.W.2d 191 ; see also Disciplinary Board v. Stensland, 2009 ND 77, ¶ 21, 764 N.W.2d 438.¶ 3] In August 2012, Stensland filed a petit......
-
In the Matter of The Application For Disciplinary Action v. Stensland, 20100304.
...failure to properly provide notice of prior suspension and falsely affirming to this Court that he had provided notice); In re Stensland, 2006 ND 251, 725 N.W.2d 191 (60–day suspension for fraudulently signing or having another person at his direction sign a client's name on a document and ......
-
In re Disciplinary Action against Stensland, 20080213.
...2006, this Court suspended Stensland's license to practice law for sixty days, effective January 15, 2007. Disciplinary Bd. v. Stensland, 2006 ND 251, ¶ 12, 725 N.W.2d [¶ 3] In early December 2006, Karlene McLaurin contacted Stensland asking him to represent her daughter, Elisha McLaurin, i......