Cited by
Opinions in Minnesota that cite In Re Petition for Disciplinary Action Against Rooney, 709 N.W.2d 263.
- In Re Petition for DISCIPLINARY ACTION AGAINST Paul Arthur MOE, a Minnesota Attorney, Registration No. 264477 851 N.W.2d 868 Minn. 2014
- In Re Petition for DISCIPLINARY ACTION AGAINST Paul Arthur MOE, a Minnesota Attorney, Registration No. 264477 851 N.W.2d 868 Minn. 2014
- In Re Petition for DISCIPLINARY ACTION AGAINST Linda A. BROST, a Minnesota Attorney, Registration No. 182692 850 N.W.2d 699 Minn. 2014
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In Re Petition for DISCIPLINARY ACTION AGAINST Linda A. BROST, a Minnesota Attorney, Registration No. 182692
850 N.W.2d 699
Minn. 2014
Misconduct that includes multiple rule violations and persists over time is more serious than “single isolated incident[s]” or “brief lapse[s] in 8 judgment.” (alteration in original); 269 (Minn. 2006) (concluding that 17 instances of misappropriation totaling $27,700 over a year did not constitute “a single, isolated incident or a brief lapse in judgment”).
- In re Disciplinary Action Against Harrigan 841 N.W.2d 624 Minn. 2014
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In re Disciplinary Action Against Harrigan
841 N.W.2d 624
Minn. 2014
volving significant amounts of money.” d at 681 (citation omitted) (internal quotation marks omitted); (stating that six acts of misappropriation totaling $144,000 and two acts of unintentional misappropriation over the course of nearly 13 months were not isolated incidents or a brief lapse in judgment); (concluding that 17 instances *630 of misappropriation totaling $27,700 over a year did not constitute “a single, isolated incident or a brief lapse in judgment”).
- In re Disciplinary Action against Nett 839 N.W.2d 716 Minn. 2013
- In re Disciplinary Action against Nett 839 N.W.2d 716 Minn. 2013
- In re Disciplinary Action Against Hummel 839 N.W.2d 78 Minn. 2013
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In re Disciplinary Action Against Hummel
839 N.W.2d 78
Minn. 2013
“Misuse of a client’s funds ‘is a breach of trust that reflects poorly on the entire legal profession and erodes the public’s confidence in lawyers.’ ” ().
- In re Disciplinary Action Against Jones 834 N.W.2d 671 Minn. 2013
- In re Disciplinary Action Against Ulanowski 834 N.W.2d 697 Minn. 2013
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In re Disciplinary Action Against Jones
834 N.W.2d 671
Minn. 2013
To mitigate, however, the restitution must not be prompted by fear of getting caught.” *680 271 (Minn.2006) (citations omitted); see also Fairbairn, d at 746 (holding that the referee should consider full restitution occurring before the attorney is notified of a disciplinary investigation as a mitigating factor); Hanvik, d at 239 (holding the Referee properly found that restitution w
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In re Disciplinary Action Against Ulanowski
834 N.W.2d 697
Minn. 2013
That is because the misuse of funds “entrusted to an attorney as a fiduciary for his clients is a breach of trust that reflects poorly on the entire legal profession and erodes the public’s confidence in lawyers.”
- In re Disciplinary Action Against Glasser 831 N.W.2d 644 Minn. 2013
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In re Disciplinary Action Against Glasser
831 N.W.2d 644
Minn. 2013
Compare (concluding a single instance of misconduct did not warrant enhanced discipline), with (concluding 30 instances of misappropriation warranted enhanced discipline), and (concluding that 17 instances of misappropriation warranted enhanced discipline).
- In re Disciplinary Action Against Voss 830 N.W.2d 867 Minn. 2013
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In re Disciplinary Action Against Voss
830 N.W.2d 867
Minn. 2013
Voss’s misappropriation of $12,400 in client funds and failure to provide restitution to other clients from whom he kept unearned fees not only caused his clients to suffer financial harm but constituted a “breach of trust that reflects poorly on the entire legal profession and erodes the public’s confidence in lawyers.”
- In re Disciplinary Action Against Fru 829 N.W.2d 379 Minn. 2013
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In re Disciplinary Action Against Fru
829 N.W.2d 379
Minn. 2013
Fru’s professional misconduct was “not a single, isolated incident or a brief lapse in judgment.” In re *390 Rooney
- In re Disciplinary Action Against Murrin 821 N.W.2d 195 Minn. 2012
- In re Disciplinary Action Against Murrin 821 N.W.2d 195 Minn. 2012
- In re Disciplinary Action Against Melin 812 N.W.2d 83 Minn. 2012
- In re Disciplinary Action Against Montez 812 N.W.2d 58 Minn. 2012
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In re Disciplinary Action Against Montez
812 N.W.2d 58
Minn. 2012
Misuse of a client’s funds “is a breach of trust that reflects poorly on the entire legal profession and erodes the public’s confidence in lawyers.”
- In re Disciplinary Action Against Wolff 810 N.W.2d 312 Minn. 2012
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In re Disciplinary Action Against Wolff
810 N.W.2d 312
Minn. 2012
s, (citation omitted) (internal quotation marks omitted); -47 (Minn.2011) (holding that an attorney should not be disbarred for misappropriation of client funds where there were no aggravating factors, the attorney’s clients did not suffer actual harm, and the attorney established several mitigating factors); (holding that an attorney should not be disbarred for misappropriation where several mitigating factors, including “sincere remorse, strong evidence of good character, and lack of prior dis
- In re Disciplinary Action Against Fairbairn 802 N.W.2d 734 Minn. 2011
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In re Disciplinary Action Against Fairbairn
802 N.W.2d 734
Minn. 2011
(“The lack of mitigating circumstances surrounding Garcia’s misappropriation compels disbarment.”); (“Misappropriation of client funds constitutes serious misconduct that generally warrants disbarment.”).
- In re Disciplinary Action Against Garcia 792 N.W.2d 434 Minn. 2010
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In re Disciplinary Action Against Garcia
792 N.W.2d 434
Minn. 2010
Rooney’s sincere remorse, strong evidence of good character, and lack of prior disciplinary history suggest that he is unlikely to commit such misconduct again.”
- In re Disciplinary Action Against Fett 790 N.W.2d 840 Minn. 2010
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In re Disciplinary Action Against Fett
790 N.W.2d 840
Minn. 2010
In re Bernard,, (“[T]he court has considered a lack of intent to harm the client or to profit from the conduct as mitigating factors ....
- In Re Disciplinary Action Against Rebeau 787 N.W.2d 168 Minn. 2010
- In Re Disciplinary Action Against Rebeau 787 N.W.2d 168 Minn. 2010
- In Re Disciplinary Action Against Albrecht 779 N.W.2d 530 Minn. 2010
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In Re Disciplinary Action Against Albrecht
779 N.W.2d 530
Minn. 2010
(“An attorney’s pro bono legal work, volunteer activities, and good character can also be mitigating factors in misappropriation cases.”).
- In Re Petition for Disciplinary Action Against Brost 763 N.W.2d 637 Minn. 2009
- In Re Petition for Disciplinary Action Against Brost 763 N.W.2d 637 Minn. 2009
- In Re Petition for Disciplinary Action Against Selmer 749 N.W.2d 30 Minn. 2008
- In Re Petition for Disciplinary Action Against Selmer 749 N.W.2d 30 Minn. 2008
- In Re Petition for Reinstatement of Rooney 742 N.W.2d 641 Minn. 2007
- In Re Petition for Reinstatement of Rooney 742 N.W.2d 641 Minn. 2007
- In Re Disciplinary Action Against Berg 741 N.W.2d 600 Minn. 2007
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In Re Disciplinary Action Against Berg
741 N.W.2d 600
Minn. 2007
(“[E]xtraordinary stress in an attorney’s personal life, such as the serious illness of a loved one, is a mitigating factor that can lead to a sanction less than disbarment in a misappropri *605 ation case.”); (imposing 18-month suspension as jointly recommended
- In Re Disciplinary Action Against Hottinger 731 N.W.2d 827 Minn. 2007
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In Re Disciplinary Action Against Hottinger
731 N.W.2d 827
Minn. 2007
Although the misappropriation of client funds is a serious matter typically warranting disbarment, the court notes that the stipulated discipline is in line with the discipline imposed in (indefinite suspension with no right to apply for reinstatement for at least 18 months for misappropriation of $7,750 in client funds), and (18-month suspension followed by three years of supervised probation for misappropriation of $27,700 in client funds where attorney had no prior disciplinary history, exhib
- In Re Disciplinary Action Against Wentzel 711 N.W.2d 516 Minn. 2006
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In Re Disciplinary Action Against Wentzel
711 N.W.2d 516
Minn. 2006
See, -73 (Minn.2006) (18-month suspension); (indefinite suspension, at least two years before reinstatement-eligible).