Cited by
Opinions in Minnesota that cite In re Disciplinary Action Against Fairbairn, 802 N.W.2d 734.
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In re Petition for Disciplinary Action against, Bradley J. Haddy, a Minnesota Attorney, Registration No. 0387503. ...
Minn. 2026
Intentional misappropriation occurs “when an attorney uses client funds for his or her own personal benefit, even when the attorney did not intend to permanently deprive a client of his or her funds.” –37 (Minn. 2018); (“Borrowing from client funds, no matter how temporary or no matter how seemingly safe, is misappropriation and is not to be countenanced.” (citation omitted) (internal quotation marks omitted)).
- In re Petition for Disciplinary Action against Ana L. Pena, a Minnesota Attorney, Registration No. 0386459 Minn. 2025
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In re Petition for Disciplinary Action against Ana L. Pena, a Minnesota Attorney, Registration No. 0386459
Minn. 2025
“[W]e distinguish ‘a brief lapse in judgment or a single, isolated incident’ of misconduct from multiple instances of misconduct ‘occurring over a substantial amount of time.’ ” ().
- In re Petition for Disciplinary Action against Stephen J. Baird, a Minnesota Attorney, Registration No. 0398840. ... Minn. 2025
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In re Petition for Disciplinary Action against Stephen J. Baird, a Minnesota Attorney, Registration No. 0398840. ...
Minn. 2025
As relevant to the cumulative weight of the violations, Baird’s misconduct rises above the level of a “brief lapse in judgment” or “a single, isolated incident.”
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Original Jurisdiction Per Curiam
Minn. 2022
d 152, 158 (Minn. 2010).
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Original Jurisdiction Per Curiam
Minn. 2022
We have repeatedly held , however, that “an attorney’s lack of prior disciplinary history is not a mitigating factor, but instead constitutes the absence of an aggravating factor.”
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In re Petition for Disciplinary Action against
Minn. 2022
at 299 (quoting In re Fairbairn , ).6 In short, when an attorney holds client funds in a business account and spends them for any purpose not intended by the client, and the account balance dips below the amount of the client’s money that should be present in the account, the attorney intentionally misappropriates those funds in v
- Original Jurisdiction Per Curiam Concurring, Thissen, J. In re Petition for Disciplinary Action Against Richard Lee Swanson, a … Minn. 2021
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Original Jurisdiction Per Curiam
Minn. 2021
In determining the cumulative weight of disciplinary violations, we “distinguish between ‘a brief lapse in judgment or a single, isolated incident’ from ‘multiple instances of mis[conduct] occu rring over a substantial amount of time.’ ” (d 734, 743 (Minn. 2011)).
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In re Petition for Disciplinary Action against Barry L. Blomquist, Jr., a Minnesota Attorney, Registration No. 12090X
Minn. 2021
When determining the severity of an attorney’s misconduct, we distinguish between a “brief lapse in judgment” and “multiple instances of mis[conduct] occurring over a substantial amount of time.” (citation omitted) (internal quotation marks omitted).
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In re Petition for Disciplinary Action against Richard Edward Bosse, a Minnesota Attorney, Registration No. 0245501.
Minn. 2020
occu rring over a substantial amount of time.” (citation omitted) (internal quotation marks 20 omitted).
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In re Petition for Disciplinary Action
Minn. 2020
Of course the risks are much higher when more money is involved, but in any event, “[b]orrowing from client funds, no matter how temporary or no matter how seemingly safe, is misappropriation and is not to be countenanced.” (citation omitted) (internal quotation marks omitted).
- In re Petition for Disciplinary Action against Ignatius Chukwuemeka Udeani, Minn. 2020
- Origina l Jurisd ict io n Per Curiam Minn. 2020
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Original Jurisdiction Per Curiam
Minn. 2020
We have held that “[m]isappropriation of any kind, by its very nature, harms the public at large.” –38 (Minn. 2018) (stating that misappropriation of client funds “erode[s] the public’s trust in lawyers and reflects poorly on the profession”).
- In re Charges of Unprofessional Conduct in Panel Case No. 44387 932 N.W.2d 310 Minn. 2019
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In re Charges of Unprofessional Conduct in Panel Case No. 44387
932 N.W.2d 310
Minn. 2019
" In re Panel File No. 41755 , , 232 (Minn. 2018) (quoting In re Fairbairn , , 742 (Minn. 2011) ).
- In re Disciplinary Action Against Sea 932 N.W.2d 28 Minn. 2019
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In re Disciplinary Action Against Sea
932 N.W.2d 28
Minn. 2019
at 802 ("Intentional misconduct can aggravate a violation of the rules."); see also In re Fairbairn , , 747 (Minn. 2011) ("An attorney's selfish ...
- In re Eichhorn-Hicks 916 N.W.2d 32 Minn. 2018
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In re Eichhorn-Hicks
916 N.W.2d 32
Minn. 2018
In re Fairbairn , , 742 (Minn. 2011) (citation omitted) (internal quotation marks omitted).
- In re Charges of Unprofessional Conduct in Panel File No. 41755 912 N.W.2d 224 Minn. 2018
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In re Charges of Unprofessional Conduct in Panel File No. 41755
912 N.W.2d 224
Minn. 2018
In re Fairbairn , , 742 (Minn. 2011) (citation omitted) (internal quotation marks omitted).
- 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 Fairbairn , , 743 (Minn. 2011) (citation omitted); see Voss , d at 878 .
- In re Klotz 909 N.W.2d 327 Minn. 2018
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In re Klotz
909 N.W.2d 327
Minn. 2018
" 18 In re Fairbairn , , 742-43 (Minn. 2011).
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Original Jurisdiction Per Curiam
Minn. 2018
Moreover, regardless of the amount, misappropriation harms the legal profession because it is “a breach of trust that reflects poorly on the entire legal profession and erodes the public’s confidence in lawyers.” (citation omitted) (internal quotation marks omitted).
- 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
“We consider four factors when determining the appropriate' discipline: 1) the nature of the misconduct, 2) the cumulative weight of the violations of the rules of professional conduct, 3) the harm to the-public, and 4) the harm to the legal profession.” () (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
occurring over a substantial amount of time or involving significant amounts of money.” (citation omitted).
- 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 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 any kind, by its very nature, harms the public at large.”
- 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
Even when an attorney returns money that was misappropriated, which did not occur here, “Misappropriation of any kind, by its very nature, harms the public at large.”
- 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
(“ ‘[B]orrowing' from client funds, no matter how temporary or no matter how seemingly ‘safe,’ is misappropriation and is not to be countenanced.” ()).
- 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
B. To determine the cumulative weight of an attorney’s violations, we “distinguish between a ‘brief lapse in judgment’ or ‘a single, isolated incident’ and ‘multiple instances of mis[conduct] occurring over a substantial amount of time.’ ” d 195, 208 (Minn. 2012) (alteration in original) ().
- In re Disciplinary Action Against Pearson 888 N.W.2d 319 Minn. 2016
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In re Disciplinary Action Against Pearson
888 N.W.2d 319
Minn. 2016
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.” ; 743 (Minn. 2011).
- 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 Petition for DISCIPLINARY ACTION AGAINST Lynne A. TORGERSON, a Minnesota Attorney, Registration No. 208322 870 N.W.2d 602 Minn. 2015