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 Lynne A. TORGERSON, a Minnesota Attorney, Registration No. 208322
870 N.W.2d 602
Minn. 2015
Together, the length and variety of Torgerson’s misconduct distinguishes this case from others involving a “brief lapse in judgment or a single, isolated incident.”
- In Re PETITION FOR DISCIPLINARY ACTION AGAINST Frank Arend SCHULTE, a Minnesota Attorney, Registration No. 244934 869 N.W.2d 674 Minn. 2015
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In Re PETITION FOR DISCIPLINARY ACTION AGAINST Frank Arend SCHULTE, a Minnesota Attorney, Registration No. 244934
869 N.W.2d 674
Minn. 2015
Conduct 1.15(a) (generally prohibiting a lawyer from keeping funds belonging to the 1 (stating that misappropriation of client funds occurs when client “funds are not kept in trust and are used for a purpose other than one specified by the client”).
- In Re Petition for DISCIPLINARY ACTION AGAINST Dale Allen HANSEN, a Minnesota Attorney, Registration No. 217840 868 N.W.2d 55 Minn. 2015
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In Re Petition for DISCIPLINARY ACTION AGAINST Dale Allen HANSEN, a Minnesota Attorney, Registration No. 217840
868 N.W.2d 55
Minn. 2015
(second alteration in original) ().
- In Re Petition for DISCIPLINARY ACTION AGAINST Scott SELMER, a Minnesota Attorney, Registration No. 156024 866 N.W.2d 893 Minn. 2015
- In Re Petition for DISCIPLINARY ACTION AGAINST Scott SELMER, a Minnesota Attorney, Registration No. 156024 866 N.W.2d 893 Minn. 2015
- In Re Petition for DISCIPLINARY ACTION AGAINST William L. FRENCH, a Minnesota Attorney, Registration No. 131945 864 N.W.2d 183 Minn. 2015
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In Re Petition for DISCIPLINARY ACTION AGAINST William L. FRENCH, a Minnesota Attorney, Registration No. 131945
864 N.W.2d 183
Minn. 2015
As to the cumulative weight of the violations, “ ‘we distinguish between a single, isolated incident’ ” and “ ‘multiple instances of mis[conduct] occurring over a substantial 14 amount of time.’ ” (alteration in original) ().
- In Re Petition for DISCIPLINARY ACTION AGAINST Mark Alan GREENMAN, a Minnesota Attorney, Registration No. 228990 860 N.W.2d 368 Minn. 2015
- In Re Petition for DISCIPLINARY ACTION AGAINST Larry S. SEVERSON, a Minnesota Attorney, Registration No. 99363 860 N.W.2d 658 Minn. 2015
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In Re Petition for DISCIPLINARY ACTION AGAINST Larry S. SEVERSON, a Minnesota Attorney, Registration No. 99363
860 N.W.2d 658
Minn. 2015
(concluding that attorney showed remorse when she testified that “her actions were ‘just not right’ and ‘horrible’ ”); (concluding that attorney did not show remorse when he “expressed remorse for the consequences of his misconduct, but not remorse for his
- 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 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
Regarding misappropriation, we have distinguished “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.” 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
- In re Disciplinary Action Against Hummel 839 N.W.2d 78 Minn. 2013
- In re Disciplinary Action Against Hummel 839 N.W.2d 78 Minn. 2013
- In re Disciplinary Action Against Taplin 837 N.W.2d 306 Minn. 2013
- In re Disciplinary Action Against Taplin 837 N.W.2d 306 Minn. 2013
- 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
Our precedent indicates that “[t]o fulfill the causation requirement under Weyhrich, an attorney’s severe psychological disorder must directly cause the misconduct.” see also Mayne, d at 160 (“[Ijndirect causation is not enough to justify a finding of causation under Weyhrich.”).
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In re Disciplinary Action Against Ulanowski
834 N.W.2d 697
Minn. 2013
“The purpose of disciplinary sanctions is not to punish the attorney, but rather ‘to protect the public, to protect the judicial system, and to deter future misconduct by the disciplined attorney as well as by other attorneys.’ ” ().
- 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
See, -46 (Minn.2011) (finding an attorney was remorseful and entitled to mitigation because the attorney testified that her actions were “just not right” and “horrible”).
- 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
First, we have traditionally concluded that misappropriation of client funds occurs when “funds are not kept in trust and are used for a purpose other than one specified by the client.” (citations omitted) (internal quotation marks omitted).
- In re Disciplinary Action Against Murrin 821 N.W.2d 195 Minn. 2012
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In re Disciplinary Action Against Murrin
821 N.W.2d 195
Minn. 2012
(citation omitted) (internal quotation marks omitted).
- In re Petition for Disciplinary Action Against Grigsby 815 N.W.2d 836 Minn. 2012
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In re Petition for Disciplinary Action Against Grigsby
815 N.W.2d 836
Minn. 2012
Because we distinguish between multiple acts of misconduct and “brief lapse[s] in judgment” or “single, isolated incidents],” (citation omitted), the fact that Grigsby’s single instance of misconduct violated multiple rules does not warrant enhanced discipline.
- In re Disciplinary Action Against Lundeen 811 N.W.2d 602 Minn. 2012
- In re Disciplinary Action Against Lundeen 811 N.W.2d 602 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
For example, 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.” (citations omitted) (internal quotations omitted).
- 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
We have held that “misappropriation of client funds is particularly serious misconduct and usually warrants disbarment absent clear and convincing evidence of substantial mitigating factors.” (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);
- 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