In re Disciplinary Action Against Toberman

Supreme Court of Minnesota

In re Disciplinary Action Against Toberman

822 N.W.2d 809, 2012 Minn. LEXIS 560, 2012 WL 5355625

CourtSupreme Court of Minnesota

DecidedOctober 23, 2012

DocketNo. A12-0818

StatusPublished

This text of 822 N.W.2d 809 (In re Disciplinary Action Against Toberman) 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 Toberman, 822 N.W.2d 809, 2012 Minn. LEXIS 560, 2012 WL 5355625 (Mich. 2012).

Pincite

Opinion

ORDER

The Director of the Office of Lawyers Professional Responsibility filed a petition for disciplinary action alleging that respondent Rachel Lauren Toberman has committed professional misconduct warranting public discipline, namely, engaging in a conflict of interest, making false statements to and failing to communicate with clients, failing to return a client file, failing to cooperate with a disciplinary investigation, and making false statements in the course of a disciplinary investigation, in violation of Minn. R. Prof. Conduct 1.4(a)(3) and (4), 1.7(a)(1) and (2), 1.16(d), 4.1, 7.1, 8.1(a), 8.4(c), and Rule 25, Rules on Lawyers Professional Responsibility (RLPR).

Respondent waives her procedural rights under Rule 14, RLPR, unconditionally admits the allegations in the petition, and with the Director, recommends that the appropriate discipline is an indefinite suspension of no less than nine months, with the right to apply for reinstatement after six months.

The court has independently reviewed the file and approves the recommended disposition.

Based on all the files, records, and proceedings herein,

IT IS HEREBY ORDERED that respondent Rachel Lauren Toberman is indefinitely suspended from the practice of law for no less than nine months. Respondent may petition for reinstatement pursuant to Rule 18(a)-(d), RLPR, six months after the date of the filing of this order. Reinstatement is conditioned on successful completion of the professional responsibility portion of the state bar examination and satisfaction of continuing legal education requirements, pursuant to Rule 18(e), RLPR. Reinstatement is further conditioned on respondent demonstrating that she has addressed any addiction or mental health issues that lead to the misconduct. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals), and shall pay $900 in costs pursuant to Rule 24, RLPR.

BY THE COURT:

/s/Alan C. Page Associate Justice

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ORDER

The Director of the Office of Lawyers Professional Responsibility filed a petition for disciplinary action alleging that respondent Rachel Lauren Toberman has committed professional misconduct warranting public discipline, namely, engaging in a conflict of interest, making false statements to and failing to communicate with clients, failing to return a client file, failing to cooperate with a disciplinary investigation, and making false statements in the course of a disciplinary investigation, in violation of Minn. R. Prof. Conduct 1.4(a)(3) and (4), 1.7(a)(1) and (2), 1.16(d), 4.1, 7.1, 8.1(a), 8.4(c), and Rule 25, Rules on Lawyers Professional Responsibility (RLPR).

Respondent waives her procedural rights under Rule 14, RLPR, unconditionally admits the allegations in the petition, and with the Director, recommends that the appropriate discipline is an indefinite suspension of no less than nine months, with the right to apply for reinstatement after six months.

The court has independently reviewed the file and approves the recommended disposition.

Based on all the files, records, and proceedings herein,

IT IS HEREBY ORDERED that respondent Rachel Lauren Toberman is indefinitely suspended from the practice of law for no less than nine months. Respondent may petition for reinstatement pursuant to Rule 18(a)-(d), RLPR, six months after the date of the filing of this order. Reinstatement is conditioned on successful completion of the professional responsibility portion of the state bar examination and satisfaction of continuing legal education requirements, pursuant to Rule 18(e), RLPR. Reinstatement is further conditioned on respondent demonstrating that she has addressed any addiction or mental health issues that lead to the misconduct. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals), and shall pay $900 in costs pursuant to Rule 24, RLPR.

BY THE COURT:

/s/Alan C. Page Associate Justice

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Bluebook (online)

822 N.W.2d 809, 2012 Minn. LEXIS 560, 2012 WL 5355625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-disciplinary-action-against-toberman-minn-2012.