In Re Disciplinary Action Against Olson

545 N.W.2d 35, 1996 Minn. LEXIS 156, 1996 WL 125611
CourtSupreme Court of Minnesota
DecidedMarch 22, 1996
DocketC0-95-2044
StatusPublished
Cited by14 cases

This text of 545 N.W.2d 35 (In Re Disciplinary Action Against Olson) 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 Olson, 545 N.W.2d 35, 1996 Minn. LEXIS 156, 1996 WL 125611 (Mich. 1996).

Opinion

OPINION

PER CURIAM.

On September 21, 1995, the Director of the Office of Lawyers Professional Responsibility filed a petition for disciplinary action against respondent, Rodney J. Olson. This petition alleged two counts of unprofessional conduct against Olson. On October 27, 1995, based on a separate set of facts, the Director filed a supplementary petition against Olson. This second petition alleged two additional counts of unprofessional conduct.

Olson never responded to either petition. Therefore, on November 22, 1995, the Director filed a motion for summary relief requesting that the allegations of both petitions be deemed admitted pursuant to Rule 13(b), Rules on Lawyers Professional Responsibility. On December 27, 1995, this court granted the Director’s motion.

The Director’s petitions are based on two separate sets of facts. The first petition arises from Olson’s representation of Mavis Gowell on a worker’s compensation claim. After a hearing, Gowell was awarded permanent partial disability benefits and permanent total disability benefits. This decision was appealed to the Workers’ Compensation Court of Appeals (WCCA), and on April 18, 1994, the appellant in the case, Gowell’s em *36 ployer, filed a brief with the WCCA. In April of 1994, Gowell called Olson and requested a copy of the brief her employer had filed. Olson informed Gowell that the brief was too lengthy to copy and did not forward a copy.

On June 17, 1994, Gowell phoned Olson and requested a copy of the brief he had filed on her behalf. Olson informed Gowell that the brief was quite short and he would not send her a copy. In fact, Olson never filed a brief, even after the WCCA granted him an extension of time in which to do so. On August 9,1994, the WCCA reversed Gowell’s award of permanent total disability benefits and remanded her award for permanent partial disability benefits for further review.

Upon inquiry to the WCCA, Gowell discovered that Olson had never filed a brief. When she questioned him about this, he told her that his computer had damaged his brief, which caused him not to file. On August 31, 1994, Gowell discharged Olson and asked him to send her client file to her new attorney. Olson failed to execute a substitution of counsel form or send Gowell’s client file to her new attorney until December 1994.

Gowell subsequently filed a complaint with the Director. On December 16, 1994, the Director mailed a notice of investigation and a copy of Gowell’s complaint to Olson. The Director requested that he respond to the district ethics committee (DEC) investigator within 14 days of the notice. Even after numerous extensions and mail and phone inquiries from the DEC investigator, Olson never responded.

The Director’s office set up two separate meetings with Olson to discuss the latter’s failure to respond. Olson attended neither meeting. On July 31,1995, Olson was mailed charges of unprofessional conduct and notice of a pre-hearing meeting requiring his attendance. He neither attended the meeting nor contacted the Director’s Office concerning his absence.

Count I of the Director’s petition alleges that: (1) Olson’s failui’e to both adequately communicate with Gowell and provide her with a copy of the opposing pai'ty’s brief violated Minn.R.Prof.Conduct 1.4(a) 1 ; (2) Olson’s misrepi'esentation to Gowell about his filing of a bi'ief with the WCCA violated Minn.R.Prof.Conduct 4.1 and 8.4(c) 2 ; (3) Olson’s failure to submit a brief to the WCCA on behalf of Gowell violated Minn.R.Pi'of.Conduct 1.3 and 3.2 3 ; and (4) Olson’s condixct in taking four months to transfer Gowell’s client file to her new attorney violated Lawyers Professional Responsibility Board Opinion No. 13, and Minn.R.Prof.Conduct 1.16(d). 4

Count II alleges that Olson’s failure to submit a yvritten response to Gowell’s complaint, failure to attend two meetings at the Director’s office, and failui'e to attend the August 17 pre-hearing meeting violated Minn.R.Pi’of.Conduct 8.1(a)(3) and 8.4(d); Rule 25, Rules on Lawyers Professional Responsibility; and In re Cartwright, 282 N.W.2d 548 (Minn.1979). 5

*37 Counts III and IV are based on the following facts as alleged in the Director’s supplementary petition. In June of 1994, Vincent McConnell retained Olson to represent him in an appeal hearing for social security disability benefits. The hearing was originally scheduled for February 22, 1995. However, because Olson did not provide the administrative law judge (ALJ) with McConnell’s medical records until two days before the hearing, the ALJ continued the matter until April 26, 1995. The hearing took place on April 26 and the ALJ awarded McConnell disability benefits. On the same day, Olson agreed to submit a proposed decision to the ALJ within two weeks.

During May 1995, McConnell contacted Olson’s office several times to inquire about the status of the decision. He was given numerous excuses why the decision had not been completed. Among other reasons, he was told: the decision had to be put on dictatape and Olson’s office had to rent the proper equipment; Olson’s secretary was on vacation; mistakes had been made in the decision requiring it to be redone; and Olson’s secretary was having knee surgery. During June of 1995, the ALJ’s law clerk contacted Olson twice and was told each time that he would be submitting the opinion.

On July 13, 1995, Olson still had not submitted a proposed decision. Thus, Mrs. McConnell sent a proposed decision to the ALJ. Because numerous changes had to be made to Mrs. McConnell’s decision, the ALJ did not issue his opinion until August 7,1995. Olson never did submit a proposed decision to the ALJ.

Prior to the April 26 hearing, McConnell had been receiving benefits from General Assistance (GA). As a result of the award of social security disability benefits, McConnell’s GA benefits were twice terminated during the months of June and July 1995. In June of 1995, McConnell informed Olson about the termination of his GA benefits, but Olson took no action. On both occasions however, GA benefits were reinstated when it was determined that no written decision existed awarding McConnell social security disability benefits.

McConnell filed a complaint, with the Director’s office. The Director’s office sent Olson a copy of McConnell’s complaint, and on two or three occasions requested a reply by mail. Olson never did.

Court III alleges that Olson’s neglect of the McConnell social security matter violated Minn.R.Prof.Conduct 1.3, 3.2 and 8.4(d). Count IV alleges that Olson’s failure to submit a written response to McConnell’s complaint violated Minn.R.Prof.Conduct 8.1(a)(3) and 8.4(d); Rule 25, Rules on Lawyers Professional Responsibility; and In re Cartwright, 282 N.W.2d 548 (Minn.1979).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Disciplinary Action Against Franklin
726 N.W.2d 95 (Supreme Court of Minnesota, 2007)
In Re Disciplinary Action Against Plummer
725 N.W.2d 96 (Supreme Court of Minnesota, 2006)
In Re Disciplinary Action Against De Rycke
707 N.W.2d 370 (Supreme Court of Minnesota, 2006)
In Re Disciplinary Action Against Erickson
653 N.W.2d 184 (Supreme Court of Minnesota, 2002)
In Re Disciplinary Action Against Stanbury
614 N.W.2d 209 (Supreme Court of Minnesota, 2000)
In Re Petition for Disciplinary Action Against Bishop
582 N.W.2d 261 (Supreme Court of Minnesota, 1998)
In Re Petition for Disciplinary Action Against Giberson
581 N.W.2d 351 (Supreme Court of Minnesota, 1998)
In Re Disciplinary Action Against Olson
577 N.W.2d 218 (Supreme Court of Minnesota, 1998)
In Re Disciplinary Action Against Pottenger
567 N.W.2d 713 (Supreme Court of Minnesota, 1997)
In Re Disciplinary Action Against Ruttger
566 N.W.2d 327 (Supreme Court of Minnesota, 1997)
In Re Disciplinary Action Against Thedens
557 N.W.2d 344 (Supreme Court of Minnesota, 1997)
In Re Petition for Disciplinary Action Against Szymialis
557 N.W.2d 554 (Supreme Court of Minnesota, 1997)
In re Disciplinary Action Against Grzybek
552 N.W.2d 215 (Supreme Court of Minnesota, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
545 N.W.2d 35, 1996 Minn. LEXIS 156, 1996 WL 125611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-disciplinary-action-against-olson-minn-1996.