In Re Application for Discipline of Stearns

Supreme Court of Minnesota

In Re Application for Discipline of Stearns

243 N.W.2d 312, 309 Minn. 548, 1976 Minn. LEXIS 1858

CourtSupreme Court of Minnesota

DecidedJune 4, 1976

Docket46847

StatusPublished

Cited by2 cases

This text of 243 N.W.2d 312 (In Re Application for Discipline of Stearns) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Application for Discipline of Stearns, 243 N.W.2d 312, 309 Minn. 548, 1976 Minn. LEXIS 1858 (Mich. 1976).

Pincite

Opinion

Per Curiam.

This is a proceeding brought by the Board of Professional Responsibility for the discipline of an attorney at law admitted to practice in the State of Minnesota, arising out of the appropriation to his own use of funds belonging to two clients without their consent.

It is undisputed that' the attorney’s derelictions stemmed from alcoholism and that prior to these two incidents the attorney was a person of ability, integrity, and good moral character. It also appears that the attorney made full disclosure of the improprieties to the Board of Professional Responsibility before any complaint had been filed against him, and that he has made restitution of the sums which he appropriated with the exception of a disputed item of interest.

The attorney recognizes a need for medical treatment and rehabilitation. Under all the circumstances it is the opinion of the court that the attorney be suspended from the practice of law in the State of Minnesota. After one year he may petition for reinstatement to the bar on probation, provided the petition includes a showing that he has made full restitution; that he has undergone appropriate medical treatment and has remained abstinent during that period; and that there is a substantial likelihood, supported by competent medical evidence, that his alcoholism is and will remain arrested. Accordingly the attorney is herewith suspended from the practice of law in the State of Minnesota.

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Per Curiam.

This is a proceeding brought by the Board of Professional Responsibility for the discipline of an attorney at law admitted to practice in the State of Minnesota, arising out of the appropriation to his own use of funds belonging to two clients without their consent.

It is undisputed that' the attorney’s derelictions stemmed from alcoholism and that prior to these two incidents the attorney was a person of ability, integrity, and good moral character. It also appears that the attorney made full disclosure of the improprieties to the Board of Professional Responsibility before any complaint had been filed against him, and that he has made restitution of the sums which he appropriated with the exception of a disputed item of interest.

The attorney recognizes a need for medical treatment and rehabilitation. Under all the circumstances it is the opinion of the court that the attorney be suspended from the practice of law in the State of Minnesota. After one year he may petition for reinstatement to the bar on probation, provided the petition includes a showing that he has made full restitution; that he has undergone appropriate medical treatment and has remained abstinent during that period; and that there is a substantial likelihood, supported by competent medical evidence, that his alcoholism is and will remain arrested. Accordingly the attorney is herewith suspended from the practice of law in the State of Minnesota.

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Bluebook (online)

243 N.W.2d 312, 309 Minn. 548, 1976 Minn. LEXIS 1858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-application-for-discipline-of-stearns-minn-1976.

Opinion

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