Cited by
Opinions in Minnesota that cite In re Disciplinary Action Against Garcia, 792 N.W.2d 434.
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Original Jurisdiction
Minn. 2023
to determine if sanctions should be imposed.”
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Original Jurisdiction Per Curiam
Minn. 2022
to determine if sanctions should be imposed.”
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Original Jurisdiction Per Curiam
Minn. 2022
Misappropriation alone “usually warrants disbarment absent clear and convincing evidence of substantial mitigating factors.” (citation omitted).
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Original Jurisdiction Per Curiam
Minn. 2021
See, (“Misappropriation of client funds alone ‘is particularly serious misconduct and usua lly warrants disbarment absent clear and convincing evidence of substan tial mitigating factors.’ ” (quoting In re Rhodes, 10 )).
- Origina l Jurisd ict io n Per Curiam Minn. 2020
- In Re Charges Of Unprofessional Conduct 924 N.W.2d 266 Minn. 2019
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In Re Charges Of Unprofessional Conduct
924 N.W.2d 266
Minn. 2019
" In re Garcia , , 441 (Minn. 2010) (quoting In re Gherity , , 478 (Minn. 2004) ).
- 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 In re Severson , , 670 (Minn. 2015) (lack of remorse); In re Garcia , , 443-44 (Minn. 2010) (selfish motive); In re Stroble , , 871 (Minn. 1992) (vulnerability of victim).
- 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
*582 In re Garcia , , 443 (Minn. 2010) (citation omitted) (internal quotation marks omitted).
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Original Jurisdiction Per Curiam
Minn. 2018
Misappropriation alone “usually warrants disbarment absent clear and convincing evidence of substantial mitigating factors.” (citation omitted) (internal quotation marks omitted).
- 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
(holding that committing misconduct while on probation aggravates the misconduct).
- In re Disciplinary Action Against Stewart 899 N.W.2d 476 Minn. 2017
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In re Disciplinary Action Against Stewart
899 N.W.2d 476
Minn. 2017
Misappropriation of client funds is, in itself, “particularly serious misconduct” that “usually warrants disbarment absent clear and convincing evidence of substantial mitigating factors.” 780 (Minn. 2016) (disbarring an attorney who misappropriated more than $1,000 of 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
Misappropriation alone is ‘“particularly serious misconduct and usually warrants disbarment absent clear and convincing evidence of substantial mitigating factors.’ ” ().
- In re Disciplinary Action Against Fahrenholtz 896 N.W.2d 845 Minn. 2017
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In re Disciplinary Action Against Fahrenholtz
896 N.W.2d 845
Minn. 2017
“Misappropriation of client funds alone is ‘particularly serious misconduct and usually warrants disbarment absent clear and convincing evidence of substantial mitigating factors.’” 2 ().
- In RE Petition for DISCIPLINARY ACTION AGAINST Jesse David MATSON, a Minnesota Attorney, Registration No. 0389131 889 N.W.2d 17 Minn. 2017
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In RE Petition for DISCIPLINARY ACTION AGAINST Jesse David MATSON, a Minnesota Attorney, Registration No. 0389131
889 N.W.2d 17
Minn. 2017
Matson’s misappropriation of C.B.’s $550 filing fee, by itself, is “ ‘particularly serious misconduct and usually warrants disbarment absent clear and convincing evidence of substantial mitigating factors.’ ” ( (internal quotation marks omitted); (disbarring an attorney who misappropriated client funds by performing no work on a matter and not returning unearned funds to the client, among other vi
- In Re Petition for DISCIPLINARY ACTION AGAINST Mark Alan GREENMAN, a Minnesota Attorney, Registration No. 228990 860 N.W.2d 368 Minn. 2015
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In Re Petition for DISCIPLINARY ACTION AGAINST Mark Alan GREENMAN, a Minnesota Attorney, Registration No. 228990
860 N.W.2d 368
Minn. 2015
to determine if sanctions should be imposed.” see also In re Rerat, 224 Minn. 124, 128
- 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
-44 (Minn. 2010) (finding that an attorney demonstrated selfish or dishonest motives when he misappropriated funds to pay country club fees).
- 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
-44 (Minn.2010) (recognizing that an attorney demonstrated selfish or dishonest motives when he misappropriated funds to pay country club fees).
- 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
“Misappropriation of client funds alone ‘is particularly serious misconduct and usually warrants disbarment absent clear and convincing evidence of substantial mitigating factors.’ ” ().
- In re Disciplinary Action Against Taplin 837 N.W.2d 306 Minn. 2013
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In re Disciplinary Action Against Taplin
837 N.W.2d 306
Minn. 2013
We have stated that “ ‘[t]he charges to which an attorney must answer need to be sufficiently clear and specific and the attorney must be afforded an opportunity to anticipate, prepare and present a defense.’” (d at 478 )
- In re Disciplinary Action Against Ulanowski 834 N.W.2d 697 Minn. 2013
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In re Disciplinary Action Against Ulanowski
834 N.W.2d 697
Minn. 2013
We consider the misappropriation of client funds to be “particularly serious misconduct [that] usually warrants disbarment absent clear and convincing evidence of substantial mitigating factors.” (citation omitted) (internal quotation marks omitted).
- 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
The misappropriation of client funds alone “is particularly serious misconduct and usually warrants disbarment absent clear and convincing evidence of substantial mitigating factors.” (citation omitted) (internal quotation marks omitted).
- 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 Nathanson 812 N.W.2d 70 Minn. 2012
- In re Disciplinary Action Against Nathanson 812 N.W.2d 70 Minn. 2012
- In re Disciplinary Action Against O'Brien 809 N.W.2d 463 Minn. 2012
- In re Disciplinary Action Against O'Brien 809 N.W.2d 463 Minn. 2012
- In re Disciplinary Action Against Rymanowski 809 N.W.2d 217 Minn. 2012
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In re Disciplinary Action Against Rymanowski
809 N.W.2d 217
Minn. 2012
See ("Misappropriation of client funds alone 'is particularly serious misconduct and usually warrants disbarment absent clear and convincing evidence of substantial mitigating factors."" ()).
- 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 Swokowski 796 N.W.2d 317 Minn. 2011
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In re Disciplinary Action Against Swokowski
796 N.W.2d 317
Minn. 2011
*324 We have said that “ ‘the attorney must be afforded an opportunity to anticipate, prepare and present a defense.’ ” ().