Wednesday, January 13, 2016

An attorney who had practiced while suspended should not get away with a public reprimand for the violation, according to a decision issued today by the Minnesota Supreme Court.

This court suspended respondent for a minimum of 30 days, effective June 25, 2015, for committing professional misconduct. See Kennedy, 864 N.W.2d at 351. Respondent has admitted to practicing law during this period of disciplinary suspension. To impose a public reprimand for respondent's unauthorized practice of law would make the original 30-day disciplinary suspension imposed by this court largely meaningless. See In re Jaeger, 834 N.W.2d 705, 708 (Minn. 2013) (explaining that the court has applied "harsher discipline" when a lawyer practices law while on a disciplinary suspension, as compared to when a lawyer practices law while suspended for noncompliance with registration fees or CLE requirements).

The court rejected a proposed consent reprimand

we reject the parties' recommended discipline. We conclude that an appropriate disposition is a suspension for a minimum of 30 days and a 2-year extension of respondent's current disciplinary probation.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2016/01/an-attorney-who-had-practiced-while-suspended-should-not-get-away-with-a-public-reprimand-for-the-violation-according-to-a-d.html