In re Disciplinary Action Against Ulanowski

800 N.W.2d 785, 2011 Minn. LEXIS 458, 2011 WL 3300362
CourtSupreme Court of Minnesota
DecidedAugust 3, 2011
DocketNo. A10-0819
StatusPublished
Cited by61 cases

This text of 800 N.W.2d 785 (In re Disciplinary Action Against Ulanowski) 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 Ulanowski, 800 N.W.2d 785, 2011 Minn. LEXIS 458, 2011 WL 3300362 (Mich. 2011).

Opinion

OPINION

PER CURIAM.

The Director of the Office of Lawyers Professional Responsibility petitions our court to take disciplinary action against Minnesota lawyer Lawrence Walter Ula-nowski. The Director alleges several instances of misconduct occurring in multiple matters over a period of three years. The allegations include: making misrepresentations to the district court, filing frivolous claims, violating court rules, harassing opposing counsel, improperly withdrawing from the representation of a client, improperly threatening criminal prosecution, failing to inform clients of a settlement offer, failing to timely return client materials, making misrepresentations to the Director, and refusing to cooperate in the Director’s investigation. We conclude that all of the referee’s findings of fact and most of the referee’s conclusions of law were not clearly erroneous. But we conclude that the referee’s recommended discipline — suspension for a minimum of six months — is not sufficient to protect the public, protect the legal profession, and deter future misconduct. Therefore, we indefinitely suspend Lawrence Walter Ula-nowski from the practice of law for a minimum of one year.

On March 30, 2010, the Director of the Office of Lawyers Professional Responsibility petitioned our court to impose discipline on Minnesota lawyer Lawrence Walter Ulanowski. The Director alleged Ulanowski, a lawyer admitted to the Minnesota bar in December 2001, committed numerous violations of the Minnesota Rules of Professional Conduct. We appointed a referee to make findings of fact and conclusions of law, and to recommend appropriate discipline.

After conducting an evidentiary hearing, the referee concluded that Ulanowski violated several Rules of Professional Conduct during his representation in five client matters, his personal marriage dissolution, and the Director’s investigation. We will address the facts of these matters in turn.

K.H. Matter

Ulanowski was an acquaintance, friend, and lawyer for K.H. and E.H., a married couple. When K.H. and E.H. began marriage dissolution proceedings, Ulanowski initially represented E.H., the husband but was later disqualified from representation. Ulanowski subsequently sued K.H. pro se to compel her to sign a deed — a signature that Ulanowski unsuccessfully sought to obtain while he represented E.H. The verified complaint in this action stated that Ulanowski was “acting on behalf of all property owners involved” with the property at issue. This statement was false, because K.H. and her parents were owners [789]*789of the property at issue, and they did not authorize Ulanowski to sue K.H. on their behalf. The referee concluded that when Ulanowski filed the complaint he knew his statement was false.

In support of his claim, Ulanowski submitted an affidavit from his mother, dated March 25, 2009, which stated that his mother had an ownership interest in part of the property at issue and that she authorized Ulanowski to act on her behalf. This claim was also false, because Ulanow-ski’s mother had sold her property interest more than one year before the affidavit was submitted. Moreover, Ulanowski or someone in Ulanowski’s office drafted the quitclaim deed that conveyed his mother’s property interest to different owners, which deed was signed by his mother on October 16, 2007, and recorded on June 16, 2008. The referee concluded that Ulanow-ski knew or should have known that the claim in the affidavit was false. The referee also concluded that Ulanowski’s action against K.H. was frivolous, because he had no property interest in the matter and therefore lacked standing.

While scheduling a hearing on the frivolous action against K.H., Ulanowski sent a letter notifying the district court that he had requested the hearing date be rescheduled and that he had “not had a response from opposing counsel.” But Ulanowski’s office had received a letter from opposing counsel the day before. The referee concluded that Ulanowski knew or should have known that his statement to the court was false.

While litigating the K.H. matter, Ula-nowski repeatedly questioned opposing counsel’s intelligence by making the following statement, and others that were similarly demeaning: “For some reason something this simple cannot even be understood by you.... ” K.H.’s attorney testified that she found Ulanowski’s correspondence to be “very unsettling.” KH.’s attorney also received what she believed to be a physical threat from Ulanowski. She subsequently refused to talk on the telephone or sit in a room with Ulanowski because Ulanowski was “becoming increasingly confrontational, hostile,” and she believed Ulanowski “was personalizing disputes, personalizing the issues” of their clients. The referee found that certain communications between Ulanowski and KH.’s attorney were “harassing and insulting” and had “no substantial purpose.”

J.I. Matter

J.I. retained Ulanowski in August 2008 for legal representation in a marital dissolution proceeding that included child custody issues. Ulanowski knew of the complexities of J.I.’s case, and Ulanowski also knew J.I. suffered from a mild traumatic brain injury that caused cognitive and memory issues. In a retainer agreement, J.I. agreed to provide a $2,000 retainer at the start of Ulanowski’s representation and at least a $4,000 retainer four weeks before trial. In October 2008, Ulanowski requested that J.I. replenish the retainer to $3,000 immediately and to $5,000 four weeks before trial, citing the complexity of the case as a justification.1 J.I. and his family made some of the payments. In early December, Ulanowski requested that J.I. pay the outstanding balance and replenish the retainer to $15,000. By December 12, 2008, J.I. and his family had paid Ulanowski more than $20,000 in legal fees, but J.I. still owed Ulanowski money.

On December 15, 2008, Ulanowski told J.I. he would withdraw from representa[790]*790tion within three days unless J.I. paid another $4,000 by December 19, used J.I.’s parents’ land as collateral for the remaining balance, and paid off the remaining balance due on legal fees by December 31. J.I. did not signal his agreement to these new terms, and on December 19, 20 days before J.I.’s trial, Ulanowski withdrew from representing J.I. J.I. went to trial pro se, and his ex-wife — represented by counsel — received all of the relief she requested. At the disciplinary hearing, Ula-nowski claimed J.I. still owed him more than $10,000 in legal fees. The referee concluded Ulanowski’s withdrawal from his representation of J.I. was improper.

J.N. Matter

An attorney in Ulanowski’s office represented J.N. in a marital dissolution. This representation resulted in a fee dispute, which became personal between Ulanowski and J.N. J.N. allegedly made several defamatory statements about Ulanowski’s conduct unrelated to the marital dissolution proceedings. In a letter sent to J.N.’s counsel in the fee dispute, Ulanowski said that “[i]f [J.N.] does not agree to pay me the $40,000.00 owed for legal fees and retract from all sources her statements about me and more specifically about my children, I will consult with counsel about pursuing criminal charges against [J.N.].” Ulanowski added that if he received no response he would “proceed forward on the criminal charges against” J.N. The referee concluded the statement was “made for no substantial purpose and was harassing and burdensome.”

V.S. Matter

Ulanowski represented V.S.

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Cite This Page — Counsel Stack

Bluebook (online)
800 N.W.2d 785, 2011 Minn. LEXIS 458, 2011 WL 3300362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-disciplinary-action-against-ulanowski-minn-2011.