In Re Petition for DISCIPLINARY ACTION AGAINST Mark Alan GREENMAN, a Minnesota Attorney, Registration No. 228990

860 N.W.2d 368, 2015 Minn. LEXIS 110, 2015 WL 896158
CourtSupreme Court of Minnesota
DecidedMarch 4, 2015
DocketA13-1963
StatusPublished
Cited by28 cases

This text of 860 N.W.2d 368 (In Re Petition for DISCIPLINARY ACTION AGAINST Mark Alan GREENMAN, a Minnesota Attorney, Registration No. 228990) 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 Petition for DISCIPLINARY ACTION AGAINST Mark Alan GREENMAN, a Minnesota Attorney, Registration No. 228990, 860 N.W.2d 368, 2015 Minn. LEXIS 110, 2015 WL 896158 (Mich. 2015).

Opinion

OPINION

PER CURIAM.

The Director of the Office of Lawyers Professional Responsibility (the Director) filed a petition for disciplinary action and a supplementary petition for disciplinary action against Mark Alan Greenman in October 201B and January 2014, alleging professional misconduct in eight matters. The petitions alleged that Greenman made a misrepresentation during an arbitration proceeding, pursued frivolous litigation on behalf of a client, disobeyed court rules, provided incompetent representation, failed to communicate with a client, failed to timely return a client file, neglected client matters, failed to appear at scheduled court hearings and conferences, failed to pay court-ordered sanctions and a law-' related debt, and failed to cooperate with the disciplinary investigation. Following an evidentiary hearing, the referee found that Greenman committed the alleged misconduct, in violation of Minn. R. Prof. Conduct ' 1.1, 1.3, 1.4(a)(3), 1.4(b), 1.16(c), 1.16(d), 3.1, 3.2, 3.4(c), 8.1(b), 8.4(c), 8.4(d), and Rule 25, Rules on Lawyers Professional Responsibility (RLPR). The referee recommended that we indefinitely suspend Greenman from the practice of law for a minimum of 6 months. We agree with the referee’s recommendation and indefinitely suspend Greenman from the practice of law with no right to petition for reinstatement for a minimum of 6 months.

I.

Greenman was admitted to the practice of law in Minnesota in 1992. He has not been the subject of prior discipline. The present disciplinary action involves professional misconduct in eight matters and Greenman’s subsequent failure to cooperate with the Director’s investigation. While Greenman admits misconduct in some of the matters, he also makes numerous arguments challenging the referee’s factual findings and conclusions that he violated the rules of professional conduct. 1 Because Greenman did not order a transcript of the disciplinary hearing, the referee’s findings of fact and conclusions that Greenman’s conduct violated the rules of professional conduct are conclusive. Rule 14(e), RLPR; In re Montez, 812 N.W.2d 58, 65-66 (Minn.2012). The referee’s findings and conclusions are summarized below.

T.C. Matter

T.C. filed a pro se lawsuit against a business, his former employer, seeking *372 compensation for services allegedly rendered when he worked there. T.C.’s former wife was a co-owner of the business. The business denied T.C.’s claims in its answer and served notice that it would seek reimbursement for all costs and expenses under Minn.Stat. § 549.211 (2014), because the claims were asserted in bad faith and without legal support. T.C. hired Greenman in March 2008 to represent him in the ongoing litigation. Green-man subsequently failed, multiple times, to follow the proper procedures to amend T.C.’s complaint.

Following a trial, the district court denied all of the claims. It found that T.C. pursued the lawsuit as a “vendetta” against his former wife; there was no evidence to support the claims; and the “futility” of the case should have been “readily apparent” upon reasonable discovery. The court also found that T.C.’s pursuit of the lawsuit warranted “significant sanctions,” noting that Greenman accepted his client’s allegations as true without investigating the factual or legal underpinnings of the claims asserted.

The district court imposed sanctions of $15,000 against T.C. After Greenman made multiple procedural errors in the filing of the subsequent appeal, the court of appeals ultimately affirmed the district court’s imposition of sanctions. The referee stated that it was “hard to imagine a case with more procedural errors than occurred here, made by an attorney who claims to specialize in litigation.” Green-man’s conduct in the T-C. matter violated the rules of professional conduct requiring a lawyer to provide competent representation (Minn. R. Prof. Conduct 1.1); to refrain from pursuing claims that are frivolous or not meritorious (Minn. R. Prof. Conduct 3.1); to refrain from knowingly disobeying the rules of a tribunal (Minn. R. Prof. Conduct 3.4(c)); and to refrain from engaging in conduct prejudicial to the administration of justice (Minn. R. Prof. Conduct 8.4(d)).

B.J. Matter

B.J. retained Greenman in February 2009 to represent her in an employment lawsuit against her former employer for terminating her employment after she requested a leave of absence for surgery. During court-ordered arbitration, Green-man provided an electronic version of B.J.’s declaration to the arbitrator and opposing counsel, with an indication that B.J. had electronically signed it. At the arbitration hearing, “[B.J.] testified under oath that, among other things, she had not signed the declaration, was not certain that she had ever seen the declaration and that the declaration included at least one untrue statement.” Specifically, B.J. testified that, contrary to the declaration, she had an appointment with the surgeon to discuss the possibility of surgery, not that she needed surgery.

The arbitrator requested a detailed explanation of how B.J.’s declaration was prepared. Greenman e-mailed the arbitrator and stated that he had read the declaration to his client and she had confirmed its accuracy. He has since admitted that B.J. never electronically signed the declaration. Greenman later submitted a post-hearing memorandum, to which he attached another copy of B.J.’s declaration, including a new fax notation date, with B.J.’s handwritten signature below the electronic signature.

After issuing his determination and ruling for the employer, the arbitrator stated:

It is extremely troublesome to this Arbitrator that a document, not signed by [B.J.], maybe never seen by [B.J.] and containing misstatement of facts, but purportedly sworn to by [B.J.] was submitted in this proceeding. It is also very troubling to this Arbitrator that in *373 conjunction with filing her Posb-Hearing Brief, [B.J.’s] counsel resubmitted the Declaration with [B.J.’s] signature on it, without any indication as to when or why she signed a statement which she testified under oath was not entirely true.

Greenman’s conduct in the B.J. matter violated the rules of professional conduct prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation (Minn. R. Prof. Conduct 8.4(c)); and from engaging in conduct prejudicial to the administration of justice (Minn. R. Prof. Conduct 8.4(d)).

P.R. Matter

P.R. retained Greenman in January 2009 to represent him in an ongoing sex discrimination lawsuit against a former employer. Nearly 5 months earlier, on August 12, 2008, the Minnesota Department of Human Rights (MDHR) had issued a finding of no probable cause and a 45-day right-to-sue letter to P.R. On September 3, 2008, the U.S. Equal Employment Opportunity Commission adopted the MDHR’s findings, dismissed P.R.’s charge, and notified him that he had 90 days to bring a lawsuit under Title VII. On December 1, 2008 (111 days after the MDHR had issued the 45-day right-to-sue letter), P.R., acting pro se, filed a lawsuit.

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910 N.W.2d 436 (Supreme Court of Minnesota, 2018)
In re Disciplinary Action against O'Brien
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State v. Whaley
389 N.W.2d 919 (Court of Appeals of Minnesota, 1986)

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Bluebook (online)
860 N.W.2d 368, 2015 Minn. LEXIS 110, 2015 WL 896158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-petition-for-disciplinary-action-against-mark-alan-greenman-a-minn-2015.