In Re Petition for Disciplinary Action Against Otis

582 N.W.2d 561, 1998 Minn. LEXIS 516, 1998 WL 469820
CourtSupreme Court of Minnesota
DecidedAugust 13, 1998
DocketC4-96-1604
StatusPublished
Cited by9 cases

This text of 582 N.W.2d 561 (In Re Petition for Disciplinary Action Against Otis) 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 Otis, 582 N.W.2d 561, 1998 Minn. LEXIS 516, 1998 WL 469820 (Mich. 1998).

Opinions

OPINION

PER CURIAM.

On June 2, 1992, the New Hampshire Supreme Court disbarred respondent James D. Otis from the practice of law due to his improper sexual behavior toward 6 of his [562]*562female clients. In 1996, the Director of the Minnesota Office of Lawyers Professional Responsibility first learned of Otis’s disbarment and filed a petition for reciprocal discipline. Otis admits to the misconduct that led to his New Hampshire disbarment, but he claims that his misconduct was caused by a seizure disorder that has since been controlled through medication and, therefore, requests that this court not disbar him. As Otis has not engaged in improper behavior since he began taking certain medication more than 6 years ago, we conclude that disbarment in Minnesota is not currently an appropriate sanction. However, because Otis committed misconduct which caused harm to clients and embarrassment to the legal profession, we order that he is suspended from the practice of law for a minimum of 5 years or until he is fully reinstated to practice law in New Hampshire.

Otis was admitted to the Minnesota bar in 1976. Before ever practicing in Minnesota, Otis moved to New Hampshire where he was admitted to the bar in 1977 and started his own practice. In 1990, the New Hampshire Supreme Court Committee on Professional Conduct brought a petition for disbarment against Otis, alleging that he violated certain rules of professional conduct when he sexually assaulted one of his clients, S.B.

Otis began representing S.B. in her divorce in March' 1988. In the summer of 1989, while Otis was still representing S.B., she began working full time for Otis as his secretary in his law office. S.B.’s - wages were reduced in exchange for Otis’s legal work on her divorce case, and she did some of the work for her case herself. This was the only way she could afford to have Otis represent her.

Several weeks after S.B. started working for Otis, he began to make remarks with sexual overtones that were directly related to her. Soon the verbal remarks escalated into physical advances, such as backing her into a corner and rubbing up against her. S.B. managed to evade Otis’s unwelcome sexual advances until November 24,1989. She went into the law office over the Thanksgiving holiday to catch up on some filing, and Otis was there when she arrived. Later that day, Otis came out of his office, locked the door to the firm and walked toward S.B. S.B. tried to get up from the floor where she had been working, but Otis put his foot under her chin and kicked her back to the floor. Then Otis picked S.B. up, brought her into his office, threw her on the couch, and sexually assaulted her. S.B. didn’t report the assault, but it was discovered in the course of S.B.’s divorce proceedings, and a petition was filed against Otis. The charges against Otis gained some publicity in New Hampshire.

Due to the publicity, 5 other former female clients of his came forward with more allegations of sexually inappropriate behavior. Some of these former clients testified at a September 1991 evidentiary hearing on the petition. Their testimony revealed that Otis’s misconduct began as early as 1987 and lasted through his representation of S.B. in 1991. Although none of the former clients testifying alleged that Otis physically assaulted them, each testified that he made numerous inappropriate sexual remarks. They all ultimately fired Otis.

While Otis does not deny that he made sexual comments to his clients and sexually assaulted S.B., he claims that his inappropriate behavior was caused by a seizure disorder resulting from a serious head injury. Otis fractured his skull in 1977 when he fell on a cement floor. He developed a massive hematoma on the right side of his brain, which required surgery. After having surgery, Otis was put on two anti-seizure medications. When his doctor temporarily reduced his dosage of one of the medications in August 1978, he suffered a grand mal seizure. Otis testified that he also had other smaller seizures beginning in approximately the mid to late 1980s and continuing through 1991. Otis claims that during the time of his misconduct he suffered from these seizures, some of which he did not know about at the time, and that these seizures caused him to misbehave sexually towards his clients.

In addition to the seizure disorder, Otis also experienced emotional problems. In the summer of 1990, after the New Hampshire Supreme Court Committee on Professional Conduct had filed a complaint against him, Otis was treated by psychotherapist Dr. [563]*563David Brower. Otis sought Brower’s help in dealing with his marriage and problems he was having with his son and stepchildren. Then, in January 1991, Otis admitted himself to a hospital after several of his friends and acquaintances told him that he needed help. Otis spent several weeks in the hospital and was released in late February 1991. Otis continued to get medical treatment from Brower, and received additional treatment from Dr. Henry Astarjian, a neurologist, and Dr. Knesevieh, a psychiatrist.

Both Astarjian and Knesevieh testified at Otis’s evidentiary hearing in 1991. Astarjian testified that Otis’s inappropriate behavior with his female clients occurred as a result of seizures he was having due to his earlier head trauma. According to Astarjian, these seizures that were out of his control caused Otis to engage in socially unacceptable behavior. Astarjian explained that since he changed Otis’s seizure medication, Otis’s seizures have been under control and he is less depressed. Knesevieh agreed with Astarjian that since Otis’s change in medication, Otis’s condition gradually improved, and at the time of the hearing Otis seemed to be entirely recovered from his depression. Knesevieh testified that in the future Otis would be able to recognize his own inappropriate behavior.

The professional conduct committee presented the opinion of Dr. Richard E. Nord-gren to refute Otis’s claim that seizures caused his misconduct. While Nordgren agreed that Otis suffered from a seizure disorder, he did not agree that the disorder caused his sexual misconduct. Further, Nordgren testified that preventing Otis’s inappropriate behavior in the future either through medication or therapy would be unlikely.

At the conclusion of the hearing, the referee determined that Otis violated New Hampshire Rules of Professional Conduct 1.7(b),1 1.8(b),2 and 8.4(a).3 The New Hampshire Supreme Court disbarred Otis from the practice of law on June 2,1992.

Otis failed to notify the Director of the Minnesota Office of Lawyers Professional Responsibility of his disbarment in New Hampshire as required by Rule 12(d) of the Minnesota Rules on Lawyers Professional Responsibility (RLPR). Otis claims he did not notify the Minnesota-Director of his disbarment because he was not aware of the Rule 12 mandate. However, ignorance of the rules regulating lawyers is no excuse for noncompliance. All attorneys who are registered to practice law in Minnesota will be held to the standards and mandates set out in the Minnesota Rules of Professional Conduct and the Minnesota Rules on Lawyers Professional Responsibility.

Otis has not practiced law in any state since his New Hampshire disbarment. However, he continues to pay his annual registration fee and is currently licensed to practice law in Minnesota.

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582 N.W.2d 561, 1998 Minn. LEXIS 516, 1998 WL 469820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-petition-for-disciplinary-action-against-otis-minn-1998.