In re Disciplinary Action Against Paul

809 N.W.2d 693, 2012 Minn. LEXIS 32, 2012 WL 386495
CourtSupreme Court of Minnesota
DecidedFebruary 8, 2012
DocketNo. A09-2166
StatusPublished
Cited by6 cases

This text of 809 N.W.2d 693 (In re Disciplinary Action Against Paul) 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 Paul, 809 N.W.2d 693, 2012 Minn. LEXIS 32, 2012 WL 386495 (Mich. 2012).

Opinion

OPINION

PER CURIAM.

This discipline case involving respondent attorney William D. Paul arises out of a petition and supplementary petition for disciplinary action filed by the Director of the Office of Lawyers Professional Responsibility (COLPR"). A referee appointed by our court heard evidence for and against the petition and supplementary petition, concluded Paul engaged in misconduct, and recommended that Paul be indefinitely suspended from the practice of law for a minimum of six months. Paul disputes the referee's finding that he improperly notarized an affidavit. We indefinitely suspend Paul from the practice of law for a minimum of four months.

Respondent attorney William D. Paul was admitted to practice law in Minnesota in 1985. Over the last 20 years, he has received five admonitions, one public reprimand, and has been placed on supervised probation twice. His prior misconduct includes instructing investigators working for him to directly contact a represented party and then ratifying the misconduct by attempting to use the admissions gained in that communication; failing to handle a matter with adequate diligence and promptness; failing to communicate with clients; failing to pay a valid, law-related judgment entered against him; failing to promptly return a file to a client; engaging in a pattern of improperly depositing fee and cost advances in his business account; failing to safeguard client funds; failing to cooperate with a disciplinary investigation; failing to provide an accounting of his attorney fees upon request of a client; and conditioning a refund of attorney fees upon a client agreeing not to file a professional responsibility complaint.

In 2009, the Director of the OLPR filed a petition for disciplinary action against Paul. The Director alleged that Paul had committed numerous violations of the Minnesota Rules of Professional Conduct and one violation of the Rules on Lawyers Professional Responsibility. We appointed a referee to make findings of fact and conclusions of law and to recommend appropriate discipline. After conducting an evidentiary hearing in July 2010, the referee filed with our court findings of fact, conclusions of law, and a recommendation for discipline. The referee concluded that Paul violated Minn. R. Prof. Conduct 3.2 and 8.1(b) and Rule 25 of the Rules on Lawyers _ Professional _ Responsibility (RLPR). Based on his findings and con[697]*697clusions, the referee recommended that Paul be suspended from the practice of law for 30 days and placed on supervised probation for 2 years.

On August 19, 2010, before the briefing order was issued, the Director filed a supplementary petition for disciplinary action, alleging additional misconduct. We appointed the same referee to make findings of fact and conclusions of law and to recommend appropriate discipline, with respect to the allegations of the supplementary petition. After conducting an evidentiary hearing on the supplementary petition in January 2011, the referee filed with our court on March 22, 2011, findings of fact, conclusions of law, and a ree-ommendation for discipline. The referee concluded that Paul violated Minn. R. Prof. Conduct 1.1, 1.3, 8.4(c), 8 4(c), and 8.4(d) during his representation in three client matters and failed to eooperate with the Director's investigations of those client matters, in violation of Rule 25, RLPR. Based on his findings and conclusions, the referee recommended that Paul be indefinitely suspended from the practice of law for a minimum of six months. Paul ordered a transeript within 10 days of the date when the referee filed his findings of fact, conclusions of law, and recommendation for discipline.

The following recitation of facts is based upon the portions of the referee's findings of fact that set forth the undisputed evidence.

The P.Q. Matter

Paul admitted the factual accuracy of the allegations in count I of the Director's petition regarding the P.Q. matter. The referee incorporated the allegations in count I of the petition by reference, and the recitation of facts here regarding the P.Q. matter reflects Paul's admissions.

In September 2008, P.Q. retained Paul to appeal a conciliation court judgment against P.Q. Paul served and filed a notice of appeal with the court of appeals but failed to file the statement of the case required by Minn. R. Civ.App. P. 138.03. The clerk of appellate courts directed Paul to file two copies of a statement of the case within 10 days. He did not do so within 10 days. Eventually, and only after a court of appeals order to do so and threatening sanctions, Paul filed a statement of the case.

In the statement of the case, Paul stated that a full transeript was necessary for the appeal. Despite an order of the court of appeals directing Paul to order a tran-seript, Paul failed to serve and file a completed certificate as to transeript. Consequently, the court of appeals dismissed the appeal.

The J.F. Matter

J.F. retained Paul to represent him in a child support matter scheduled for hearing on February 24, 2010. J.F. planned to attend the hearing, but Paul told him not to attend.

Paul's paralegal testified that Paul asked her to get a continuance of the hearing the day before it was scheduled. She stated that Paul instructed her to get a continuance because Paul was not sure he "would be there on time, or able to be there at all." Paul was involved in a 3-day trial that was to break the same day as the child support hearing, in order to allow Paul to attend two oral arguments before the court of appeals that morning. The paralegal called the Assistant St. Louis County Attorney assigned to the child support matter, who had no objection to the requested continuance. The paralegal also left a voice message on the magistrate's phone, stating that there was an agreement to a continuance. The paralegal also called the court administrator, who said she would deliver a note to the magistrate. Based on these efforts, the paralegal assumed that a continuance had been grant[698]*698ed and communicated this to Paul. At Paul's direction, she called J.F. and left a message telling him he did not need to attend the hearing. Significantly, Paul never contacted the child support recipient to secure her consent to the continuance.

The continuance was not granted, and the hearing occurred as scheduled. The February 24, 2010, order provided, among other things, that J.F. pay $426 per month (ultimately increased to $465 per month in a subsequent order) in child support. In the order, the child support magistrate noted that, although counsel "did not object to a continuance," "the decision whether or not to continue" a hearing "would have to be made by the magistrate." The order also noted:

The magistrate was not informed of any request to continue the February 24, 2010 hearing prior to that hearing and, had he been contacted, would have provided his standard response that no continuance would be granted, at that late stage, absent the consent of both the County and the other party to the proceeding.
The Obligee appeared at the February 24, 2010 hearing, after driving 4~1/2 hours, one way, to get there, and, when asked, informed the magistrate she had not been contacted by [J.F.] or anyone else acting on his behalf about a continuance of that hearing.
[J.F.] has had notice of the February 24, 2010 [sic] since service of the motion to modify child support, by first class mail, on January 22, 2010, or for over one month.

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809 N.W.2d 693, 2012 Minn. LEXIS 32, 2012 WL 386495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-disciplinary-action-against-paul-minn-2012.