Cited by
Opinions in Minnesota that cite In re Smith, 19 N.W.2d 324.
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In re Petition for Reinstatement of Michelle MacDonald, a Minnesota Attorney,
Minn. 2023
An attorney must prove “by clear and convincing evidence that [she] has ‘undergone such a moral change as now to render [her] a fit person to enjoy the public confidence and trust once forfeited.’ ” ().
- In re Petition for Reinstatement of Minn. 2021
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In re Petition for Reinstatement of Richard A. Sand,
Minn. 2020
it should be even more cautious in re-admitting an attorney to a position of trust.”
- In re Disciplinary Action Against Stewart 899 N.W.2d 476 Minn. 2017
- Moulton v. Simon 883 N.W.2d 819 Minn. 2016
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Moulton v. Simon
883 N.W.2d 819
Minn. 2016
See In re Smith, 220 Minn. 197, 199 , (stating that “[t]he right to practice law is a matter of license” rather than an “absolute right” and “is in the nature of a franchise, to .,.
- In Re Reinstatement of Ramirez 719 N.W.2d 920 Minn. 2006
- Baker v. Ploetz 616 N.W.2d 263 Minn. 2000
- In Re Reinstatement of Trygstad 472 N.W.2d 137 Minn. 1991
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In Re Reinstatement of Trygstad
472 N.W.2d 137
Minn. 1991
“While a court should be slow to disbar, it should be even more cautious in re-admitting an attorney to a position of trust.” In re Smith, 220 Minn. 197, 200
- Petition of Hanson 454 N.W.2d 924 Minn. 1990
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Petition of Hanson
454 N.W.2d 924
Minn. 1990
In applying for reinstatement an applicant must establish by clear and convincing evidence that she or he has “undergone such a moral change as now to render him a fit person to enjoy the public confidence and trust once forfeited.” (quoting In re Smith, 220 Minn. 197, 201 , ) [hereinafter Swanson /].
- Matter of Reinstatement of Wegner 417 N.W.2d 97 Minn. 1987
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Matter of Reinstatement of Wegner
417 N.W.2d 97
Minn. 1987
The petitioner must “establish by clear and satisfactory evidence * * * that [he] has undergone such a moral change as now to render him a fit person to enjoy the public confidence and trust once forfeited.” In re Smith, 220 Minn. 197, 201 , (citations omitted).
- In Re Discipline of Swanson 405 N.W.2d 892 Minn. 1987
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In Re Discipline of Swanson
405 N.W.2d 892
Minn. 1987
establish by clear and convincing evidence that he has ‘undergone such a moral change as now to render him a fit person to enjoy the public confidence and trust once forfeited.’ ” quoting In re Smith, 220 Minn. 197, 201
- Matter of Discipline of Schmidt 402 N.W.2d 544 Minn. 1987
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Matter of Discipline of Schmidt
402 N.W.2d 544
Minn. 1987
In re Smith, 220 Minn. 197
- Matter of Discipline of Jorissen 391 N.W.2d 822 Minn. 1986
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Matter of Discipline of Jorissen
391 N.W.2d 822
Minn. 1986
In order to protect the public and guard the administration of justice, In re Smith, 220 Minn. 197, 200 , we order that respondent be disbarred.
- Matter of Discipline of Thompson 365 N.W.2d 262 Minn. 1985
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Matter of Discipline of Thompson
365 N.W.2d 262
Minn. 1985
The burden is upon the petitioner to establish by clear and convincing evidence that he has “undergone such a moral change as now to render him a fit person to enjoy the public confidence and trust once forfeited.” In Re Smith, 220 Minn. 197 , 201, , 326 (1945).
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In Re the Request Johnson
290 N.W.2d 604
Minn. 1980
In support thereof, he quotes from Application of Smith for Reinstatement as Attorney, 220 Minn. 197 , , wherein the court set forth the purpose of disbarment as later approved in In re Application for Discipline of Hanson [ 258 Minn. 231 , ], supra.
- In Re the Reinstatement of PETERSON 274 N.W.2d 922 Minn. 1979
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In Re the Reinstatement of PETERSON
274 N.W.2d 922
Minn. 1979
In re Application of Strand, 259 Minn. 379 , In re Application of Smith, 220 Minn. 197
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In Re the Disbarment & Request to Resign of Hetland
275 N.W.2d 582
Minn. 1978
In support thereof, he quotes from Application of Smith for Reinstatement as Attorney, 220 Minn. 197 , , wherein the court set forth the purpose of disbarment as later approved in In re Application for Discipline of Hanson, supra.
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In Re Discipline of Bunker
199 N.W.2d 628
Minn. 1972
“The purpose of disciplining an attorney is not to punish him, but to guard the administration of justice and to protect the courts, the profession, and the public.” Application of Smith for Reinstatement, 220 Minn. 197, 199
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Application of Herman
197 N.W.2d 241
Minn. 1972
The decisive inquiry on this petition, as stated in In re Application of Smith for Reinstatement, 220 Minn. 197, 200 , is “whether the applicant is of such good moral character that he should be readmitted to the office of attorney and recommended to the public as a trustworthy person fit to be consulted in matters of confidence.” We conclude that this has not been established, and accordingly deny
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In Re Reinstatement of Ossanna
180 N.W.2d 260
Minn. 1970
2 Application of Smith for Reinstatement as Attorney, 220 Minn. 197, 201 , 19 N. W. (2d) 324, 326 .
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In Re Application for Discipline of Streater
115 N.W.2d 729
Minn. 1962
In support thereof, he quotes from Application of Smith for Reinstatement as Attorney, 220 Minn. 197 , 19 N. W. (2d) 324 , wherein the court set forth the purpose of disbarment as later approved in In re Application for Discipline of Hanson, supra.
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Followed
In Re Application of Strand for Reinstatement to Practice Law
107 N.W.2d 518
Minn. 1961
Principles applicable to reinstatement of a lawyer were enunciated *380 and discussed by this court in In re Application of Smith for Reinstatement, 220 Minn. 197 , 19 N. W. (2d) 324 .
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In Re Application for Discipline of Hanson
103 N.W.2d 863
Minn. 1960
4 In re Application of Smith for Reinstatement as an Attorney, 220 Minn. 197 , 19 N. W. (2d) 324 .
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In re Discipline of Joyce
65 N.W.2d 581
Minn. 1954
“The purpose of disciplining an attorney is not to punish him, but to guard the administration of justice and to protect the courts, the profession, and the public.” In re Application of Smith for Reinstatement as Attorney, 220 Minn. 197, 199 , 19 N. W. (2d) 324, 325 .
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In Re Application for Discipline of Rerat
44 N.W.2d 273
Minn. 1950
Its purpose is to guard the administration of justice (In re Application of Smith for Reinstatement, 220 Minn. 197 , 19 N. W. [2d] 324; In re Disbarment of Greathouse, 189 Minn. 51 , ), so that the judicial system does not fall into disrespect.
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In Re Disbarment of Essie W. Williams
23 N.W.2d 4
Minn. 1946
“The purpose of disciplining an attorney is not to punish him, but to guard the administration of justice and to protect the courts, the profession, and the public.” In re Application of Smith for Reinstatement as Attorney, 220 Minn. 197, 199 , 19 N. W. (2d) 324, 325 .
- Application for Discipline of Palarine as Attorney 19 N.W.2d 439 Minn. 1945
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Application for Discipline of Palarine as Attorney
19 N.W.2d 439
Minn. 1945
In the recent case of In re Application of Smith, formerly known as Pluto, for Reinstatement as an Attorney at Law, 220 Minn. 197 , 19 N. W. (2d) 324 , this court discussed the nature of the right to practice law and the purpose of disciplining an attorney.