Cited by
Opinions in Minnesota that cite In Re Disciplinary Action Against Wentzel, 711 N.W.2d 516.
- In re Petition for Disciplinary Action against Michael B. Padden, a Minnesota Attorney, Registration No. 0177519. ... Minn. 2024
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In re Petition for Disciplinary Action against Michael B. Padden, a Minnesota Attorney, Registration No. 0177519. ...
Minn. 2024
But we have also stated that, where evidence of reputation or “excellent results” comes only from testimony, the “referee is in the best position to assess the relative weight to give to witnesses’ testimony.” n.1 (Minn. 2006).
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Original Jurisdiction Per Curiam
Minn. 2023
See, (“Here, as the referee found, the severity of Wentzel’s misconduct is aggravated by the fact that it lasted over two years, involved 30 instances of misappropriation, and caused a trust account shortage of nearly $88,000.”).
- In re Trombley 916 N.W.2d 362 Minn. 2018
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In re Trombley
916 N.W.2d 362
Minn. 2018
See, e.g. , In re Wentzel , , 520-21 (Minn. 2006).
- In re Amoun Vang Sayaovong 909 N.W.2d 575 Minn. 2018
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In re Amoun Vang Sayaovong
909 N.W.2d 575
Minn. 2018
In re Wentzel , , 520-21 (Minn. 2006) (citation omitted) (collecting cases).
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Original Jurisdiction Per Curiam
Minn. 2018
–21 (Minn. 2006) (collecting cases).
- In re Disciplinary Action Against Upin 904 N.W.2d 645 Minn. 2017
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In re Disciplinary Action Against Upin
904 N.W.2d 645
Minn. 2017
As the Director has noted, , in determining the cumulative weight of the violations, “we distinguish ‘a brief lapse in judgment’ or ‘a single, isolated incident’ of misappropriation from multiple instances of misappropriation occurring over a substantial amount of time or involving significant amounts of money.” Fairbairn, d at 743 ().
- In re Disciplinary Action Against Tigue 900 N.W.2d 424 Minn. 2017
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In re Disciplinary Action Against Tigue
900 N.W.2d 424
Minn. 2017
Because misappropriation is such serious misconduct, we “generally disbar attorneys who misappropriate client funds.”
- In re Disciplinary Action Against Saltzstein 896 N.W.2d 864 Minn. 2017
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In re Disciplinary Action Against Saltzstein
896 N.W.2d 864
Minn. 2017
We distinguish between “ ‘a brief lapse in judgment’ or ‘a single, isolated incident’ ” and multiple instances of misconduct “occurring over a substantial amount of time.” ( ).
- In re Disciplinary Action Against Bonner 896 N.W.2d 98 Minn. 2017
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In re Disciplinary Action Against Bonner
896 N.W.2d 98
Minn. 2017
“In assessing the cumulative weight of the violations, we distinguish a ‘brief lapse in judgment’ or ‘a single, isolated incident’ of misappropriation from multiple instances of misappropriation occurring over a substantial amount of time or involving significant amounts of money.” () (concluding that six separate acts of misappropriation from a client trust account, which totaled $144,000 over 13 months, was “more than a brief lapse in judgment or a single isolated incident”).
- In re Disciplinary Action against O'Brien 894 N.W.2d 162 Minn. 2017
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In re Disciplinary Action against O'Brien
894 N.W.2d 162
Minn. 2017
(acknowledging that although only one rule was violated, Glasser’s “misconduct was neither a single, isolated incident nor a brief lapse in judgment”); (concluding that 30 instances of misappropriation over 2 years aggravated the severity of the *167 misconduct); (concluding that 17 instances of misappropriation over the course of one year warranted a more severe sanction).
- In re Disciplinary Action Against Eskola 891 N.W.2d 294 Minn. 2017
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In re Disciplinary Action Against Eskola
891 N.W.2d 294
Minn. 2017
Because misappropriation is such serious misconduct, we “generally disbar attorneys who misappropriate client funds.”
- In Re Petition for DISCIPLINARY ACTION AGAINST Christopher Robert WALSH, a Minnesota Attorney, Registration No. 199813 872 N.W.2d 741 Minn. 2015
- In Re Petition for DISCIPLINARY ACTION AGAINST Christopher Robert WALSH, a Minnesota Attorney, Registration No. 199813 872 N.W.2d 741 Minn. 2015
- In re Disciplinary Action Against Albrecht 845 N.W.2d 184 Minn. 2014
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In re Disciplinary Action Against Albrecht
845 N.W.2d 184
Minn. 2014
We also consider misconduct that includes multiple rule violations and persists over time more serious than “single isolated incident[s]” or “brief lapse[s] in judgment.”
- In re Disciplinary Action Against Harrigan 841 N.W.2d 624 Minn. 2014
- In re Disciplinary Action Against Harrigan 841 N.W.2d 624 Minn. 2014
- In re Disciplinary Action Against Griffith 838 N.W.2d 792 Minn. 2013
- In re Disciplinary Action Against Jaeger 834 N.W.2d 705 Minn. 2013
- In re Disciplinary Action Against Jones 834 N.W.2d 671 Minn. 2013
- Distinguished In re Disciplinary Action Against Jaeger 834 N.W.2d 705 Minn. 2013
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In re Disciplinary Action Against Jones
834 N.W.2d 671
Minn. 2013
(disbarring an attorney who misappropriated nearly $50,000 in client funds); (disbarring an attorney who misappropriated $90,000 from elderly clients).
- 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 Lundeen 811 N.W.2d 602 Minn. 2012
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In re Disciplinary Action Against Lundeen
811 N.W.2d 602
Minn. 2012
We consider misappropriation of client funds a particularly serious violation and “generally disbar attorneys who misappropriate client funds” unless there are “ ‘substantial mitigating circumstances.’ ” -21 (Minn.2006) ().
- 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
(concluding that 30 separate instances of misappropriation that lasted over 2 years and created a trust account shortage of $88,000 was “not a single isolated incident or a brief lapse in judgment”); Rooney, d at 269 (stating that 17 separate instances of misappropriation over the course of a
- 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
We addressed a similar argument in
- 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 Disciplinary Action Against Berg 741 N.W.2d 600 Minn. 2007
- In Re Disciplinary Action Against Berg 741 N.W.2d 600 Minn. 2007