Archives
Sorted by: Professional Responsibility

So you’ve received an ethics complaint. What now?

Receiving mail from the Office of Lawyers Professional Responsibility (OLPR) in an envelope marked “Personal and Confidential” is sure to ruin any lawyer’s day.  Even lawyers who serve as district ethics committee volunteer investigators hate getting mail from the OLPR, notwithstanding the fact that those envelopes are specifically marked “DEC Materials.” Having been on the […]

Read More

How do Minnesota’s attorney discipline numbers compare?

Benchmarking is popular in business. I have found, however, that it is a challenge to benchmark attorney regulation systems given the differing approaches to attorney discipline and regulation among the states. Even though no two systems are identical, it is interesting to look at how different states approach attorney regulation, and to compare how many […]

Read More

Who gets disciplined?

The Annual Report of the Lawyers Professional Responsibility Board (LPRB) and Office of Lawyers Professional Responsibility (OLPR) was filed with the Minnesota Supreme Court on July 3, 2017. The report, which is posted on the LPRB website at www.lprb.mncourts.gov, covers operations of the LPRB/OLPR for the Court’s fiscal year, July 1, 2016 – June 30, […]

Read More

Helping victims of lawyer dishonesty

Thirty years ago the Minnesota Supreme Court established the Client Security Fund to provide a funding source to pay victims of intentional lawyer dishonesty. It appears the genesis of the fund was the significant losses caused by two attorneys, Mark Sampson and John Flanagan, both of whom were disbarred in the late 1980s for misappropriation […]

Read More

Congressional interest in lawyer advertising

I did not expect to receive letters from Congress when I was appointed as director of the Office of Lawyers Professional Responsibility, but that is what my mail contained on March 10, 2017. Congressman Bob Goodlatte (R-Va.), chair of the U.S. House of Representatives Committee on the Judiciary, wrote to me and all other lawyer regulation […]

Read More

Your duty to report

Imagine the following scenario: Counsel at a motion hearing is unusually discourteous, interrupting opposing counsel and talking over the court. The motion is argued, not particularly competently, and submitted. Following the hearing, counsel experiences what appears to be a serious medical emergency, and medical and bailiff personnel are called. Shortly thereafter, counsel and the court […]

Read More

Private discipline in 2016

In 2016, 115 files were closed by the Office of Lawyers Professional Responsibility (OLPR) with the issuance of an admonition, a form of private discipline issued for professional misconduct that is isolated and non-serious.1 This number, coincidentally, is the same as the number of admonitions issued in 2015. Additionally, 17 lawyers were placed on private […]

Read More

2016 year in review: Public discipline

Public discipline in professional responsibility cases is imposed not to punish the attorney, but to protect the public, the profession and the judicial system, and to deter future misconduct by the attorney and others. As of December 15, 2016, 42 attorneys were publicly disciplined in 2016, with discipline ranging from a reprimand to disbarment. This […]

Read More

Client confidentiality and client criticisms

The Lawyers Professional Responsibility Board (LPRB), at its September 30, 2016, meeting, voted to adopt Opinion 24. The Opinion provides: Rule 1.6(a), Minnesota Rules of Professional Conduct (MRPC), generally prohibits a lawyer from knowingly revealing information relating to the representation of a client. Contained within the subsections of Rule 1.6(b), MRPC, however, are eleven enumerated […]

Read More

What happens to clients upon your death or disability?

Recently, the Office of Lawyers Professional Responsibility has been appointed as trustee for seven attorneys who died unexpectedly without a plan in place to return client files or disburse funds in trust. One or two trustee appointments a year is typical; seven is very unusual. More surprisingly, several of the appointments did not involve senior […]

Read More
Page 1 of 912345»...Last »

Articles by Issue

Articles by Subject