In Re Petition for DISCIPLINARY ACTION AGAINST Victor Harlan SMITH, a Minnesota Attorney, Registration No. 195911

Supreme Court of Minnesota

In Re Petition for DISCIPLINARY ACTION AGAINST Victor Harlan SMITH, a Minnesota Attorney, Registration No. 195911

852 N.W.2d 253

CourtSupreme Court of Minnesota

DecidedAugust 20, 2014

DocketA13-2110

StatusPublished

This text of 852 N.W.2d 253 (In Re Petition for DISCIPLINARY ACTION AGAINST Victor Harlan SMITH, a Minnesota Attorney, Registration No. 195911) 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 Victor Harlan SMITH, a Minnesota Attorney, Registration No. 195911, 852 N.W.2d 253 (Mich. 2014).

Pincite

Opinion

ORDER

The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action and supplementary petition for disciplinary action alleging that respondent Victor Harlan Smith committed professional misconduct warranting public discipline, namely, failing to file or timely file federal and state individual income tax returns and state employer withholding tax returns, failure to timely pay state individual income and employer withholding taxes, and failure to cooperate with the Director, in violation of Minn. R. Prof. Conduct 8.1(b) and 8.4(d), and Rule 25, Rules on Lawyers Professional Responsibility (RLPR).

Respondent unconditionally admits the allegations in the petition and supplementary petition, waives his rights under Rule 14, RLPR, and has entered into a stipulation with the Director in which they jointly recommend that the appropriate discipline is suspension from the practice of law for a minimum of 90 days and reinstatement by petition.

This court has independently reviewed the file and approves the jointly recommended disposition.

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

*254 IT IS HEREBY ORDERED that:

1. Respondent Victor Harlan Smith is suspended from the practice of law with no right to petition for reinstatement for a minimum of 90 days, effective 14 days from the date of the filing of this order;

2. Respondent may petition for reinstatement pursuant to Rule 18(a)-(d), RLPR. 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; and

3. 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

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER

The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action and supplementary petition for disciplinary action alleging that respondent Victor Harlan Smith committed professional misconduct warranting public discipline, namely, failing to file or timely file federal and state individual income tax returns and state employer withholding tax returns, failure to timely pay state individual income and employer withholding taxes, and failure to cooperate with the Director, in violation of Minn. R. Prof. Conduct 8.1(b) and 8.4(d), and Rule 25, Rules on Lawyers Professional Responsibility (RLPR).

Respondent unconditionally admits the allegations in the petition and supplementary petition, waives his rights under Rule 14, RLPR, and has entered into a stipulation with the Director in which they jointly recommend that the appropriate discipline is suspension from the practice of law for a minimum of 90 days and reinstatement by petition.

This court has independently reviewed the file and approves the jointly recommended disposition.

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

*254 IT IS HEREBY ORDERED that:

1. Respondent Victor Harlan Smith is suspended from the practice of law with no right to petition for reinstatement for a minimum of 90 days, effective 14 days from the date of the filing of this order;

2. Respondent may petition for reinstatement pursuant to Rule 18(a)-(d), RLPR. 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; and

3. 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

Cite This Page — Counsel Stack

Bluebook (online)

852 N.W.2d 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-petition-for-disciplinary-action-against-victor-harlan-smith-a-minn-2014.