In re Disciplinary Action Against Cabrera

Supreme Court of Minnesota

In re Disciplinary Action Against Cabrera

707 N.W.2d 369, 2005 Minn. LEXIS 816, 2005 WL 3604056

CourtSupreme Court of Minnesota

DecidedDecember 30, 2005

DocketNo. A05-2360

StatusPublished

This text of 707 N.W.2d 369 (In re Disciplinary Action Against Cabrera) 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 Disciplinary Action Against Cabrera, 707 N.W.2d 369, 2005 Minn. LEXIS 816, 2005 WL 3604056 (Mich. 2005).

Pincite

Opinion

ORDER

The Director of the Office of Lawyers Professional Responsibility (Director) has filed a petition for disciplinary action alleging that respondent Richard A. Cabrera has committed professional misconduct warranting public discipline, namely, that respondent failed to provide competent representation to a criminal defendant, failed to appear at a hearing after having been personally served with an order to do so, failed to pursue a criminal defendant’s matter and failed to properly withdraw and return the unearned portion of the client’s retainer, failed to have a written retainer and contingent fee agreement, failed to timely file motion papers, repeatedly failed to appear for a hearing, failed to communicate a judge’s order to clients, failed to properly withdraw from representation and return client files when he ceased practicing law, and engaged in a conflict of interest by simultaneously representing four clients without their informed consent, in violation of Minn. R. Prof. Conduct 1.1, 1.3, 1.4, 1.7, 1.16(d), 3.4(c), and 8.4(d).

Respondent has admitted his conduct violated the Rules of Professional Conduct, waives his rights under Rule 14, RLPR, and has entered into a stipulation with the Director in which they jointly recommend that the appropriate discipline is indefinite suspension, effective immediately, with reinstatement subject to payment of costs and disbursements of $900 pursuant to Rule 24, RLPR, compliance with Rule 26, RLPR, successful completion of the professional responsibility portion of the bar examination pursuant to Rule 18(e), RLPR, satisfaction of continuing legal education requirements pursuant to Rule 18(e), RLPR, restitution of any unearned retainers, and presentation of clear and convincing evidence of physical and mental health necessary to practice law.

This court has independently reviewed the file and approves the jointly recommended disposition.

' Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that effective immediately respondent Richard A. Cabrera is indefinitely suspended from the practice of law. Respondent shall be reinstated only upon satisfaction of the agreed-upon conditions set forth above.

BY THE COURT:

/s/ Russell A. Anderson Associate Justice

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ORDER

The Director of the Office of Lawyers Professional Responsibility (Director) has filed a petition for disciplinary action alleging that respondent Richard A. Cabrera has committed professional misconduct warranting public discipline, namely, that respondent failed to provide competent representation to a criminal defendant, failed to appear at a hearing after having been personally served with an order to do so, failed to pursue a criminal defendant’s matter and failed to properly withdraw and return the unearned portion of the client’s retainer, failed to have a written retainer and contingent fee agreement, failed to timely file motion papers, repeatedly failed to appear for a hearing, failed to communicate a judge’s order to clients, failed to properly withdraw from representation and return client files when he ceased practicing law, and engaged in a conflict of interest by simultaneously representing four clients without their informed consent, in violation of Minn. R. Prof. Conduct 1.1, 1.3, 1.4, 1.7, 1.16(d), 3.4(c), and 8.4(d).

Respondent has admitted his conduct violated the Rules of Professional Conduct, waives his rights under Rule 14, RLPR, and has entered into a stipulation with the Director in which they jointly recommend that the appropriate discipline is indefinite suspension, effective immediately, with reinstatement subject to payment of costs and disbursements of $900 pursuant to Rule 24, RLPR, compliance with Rule 26, RLPR, successful completion of the professional responsibility portion of the bar examination pursuant to Rule 18(e), RLPR, satisfaction of continuing legal education requirements pursuant to Rule 18(e), RLPR, restitution of any unearned retainers, and presentation of clear and convincing evidence of physical and mental health necessary to practice law.

This court has independently reviewed the file and approves the jointly recommended disposition.

' Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that effective immediately respondent Richard A. Cabrera is indefinitely suspended from the practice of law. Respondent shall be reinstated only upon satisfaction of the agreed-upon conditions set forth above.

BY THE COURT:

/s/ Russell A. Anderson Associate Justice

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Bluebook (online)

707 N.W.2d 369, 2005 Minn. LEXIS 816, 2005 WL 3604056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-disciplinary-action-against-cabrera-minn-2005.