Cited by
Opinions in Minnesota that cite In re Disciplinary Action Against Montez, 812 N.W.2d 58.
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In re Petition for Disciplinary Action against, Bradley J. Haddy, a Minnesota Attorney, Registration No. 0387503. ...
Minn. 2026
We give “great weight” to a referee’s discipline recommendation but “retain ultimate responsibility for determining appropriate discipline.” d 58, 66, 68 (Minn. 2012).
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In re Petition for Disciplinary Action against Herbert A. Igbanugo, a Minnesota Attorney, Registration No. 0191139. ...
Minn. 2026
12 Montez, 68 (Minn. 2012).
- In re Petition for Disciplinary Action against Richard S. Langree, a Minnesota Attorney, Registration No. 0234229. ... 9 N.W.3d 159 Minn. 2024
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In re Petition for Disciplinary Action against Richard S. Langree, a Minnesota Attorney, Registration No. 0234229. ...
9 N.W.3d 159
Minn. 2024
6 “We will, however, review the referee’s interpretation of the Rules of Professional Conduct, and other conclusions of law that do not rely on the referee’s factual findings, de novo, whether or not a transcript is part of our record on review.”
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Ingrid Shoat, Appellant,
Minn. Ct. App. 2024
2022) () (“Even when no transcript is ordered, we can still review purely legal issues.”).
- In re Petition for Disciplinary Action Against Samuel A. McCloud, a Minnesota Attorney, Registration No. 0069693. ... Minn. 2023
- In re Petition for Disciplinary Action Against Samuel A. McCloud, a Minnesota Attorney, Registration No. 0069693. ... Minn. 2023
- In re Petition for Disciplinary Action Against David L. Ludescher, a Minnesota Attorney, Registration No. 194347. ... Minn. 2023
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In re Petition for Disciplinary Action Against David L. Ludescher, a Minnesota Attorney, Registration No. 194347. ...
Minn. 2023
We “review de novo the referee’s interpretation of the Rules of Professional Conduct and other conclusions of law that do not rely on the referee’s factual findings.” ().
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Wayne E. Hukriede, et al., Appellants,
Minn. Ct. App. 2023
provides that “when a lawyer knows or reasonably should know that [an] unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding.” But “an attorney’s violation of the Rules of Professional Conduct does not give rise to a private cause of action against an attorney.” -67 (Minn. 2012).
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Original Jurisdiction
Minn. 2023
Although we give great weight to the referee’s recommendation for discipline, we retain the “ultimate responsibility for determining appropriate discipline.”
- In re Petition for Disciplinary Action against Minn. 2023
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Original Jurisdiction Per Curiam
Minn. 2022
But “we retain ultimate responsibility for determining 17 [the] appropriate discipline.”
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Original Jurisdiction Per Curiam
Minn. 2022
When assessing what discipline to impose, we give deference to the referee’s recommendation, but we have “the ultimate responsibility for sanctioning an attorney.” (citation omitted) (internal quotation marks omitted).
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Original Jurisdiction Per Curiam
Minn. 2022
Although we give “great weight” to the referee’s recommendation, In re Butler , (citation omitted) (internal quotation marks omitted) , we retain the “ultimate responsibility for determining appropriate discipline,”
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In re Petition for Disciplinary Action against
Minn. 2022
But we retain the “ultimate responsibility for determining appropriate discipline,”
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Original Jurisdiction Per Curiam
Minn. 2022
Although “[w]e give great weight to the recommendations of the Panel,” In re Panel File No. 39302, we have the “ultimate responsibility for determining appropriate discipline” for an attorney who violates the Minnesota Rules of Professional Conduct
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Original Jurisdiction Per Curiam Concurring, Thissen, J. In re Petition for Disciplinary Action Against Richard Lee Swanson, a …
Minn. 2021
But “we retain ultimate responsibility for determining [the] appropriate discipline.”
- In re Petition for Disciplinary Action against Michelle Lowney MacDonald, a Minnesota Attorney, Registration Minn. 2021
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In re Petition for Disciplinary Action against Barry L. Blomquist, Jr., a Minnesota Attorney, Registration No. 12090X
Minn. 2021
When no transcript has been ordered, we view “a referee’s factual findings as conclusive” because reviewing factual findings is impossible “without a transcript.”
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Original Jurisdiction Per Curiam
Minn. 2020
“We are the ‘sole arbiter’ of the discipline to be imposed for professional misconduct by Minnesota lawyers,” In re Albrecht , and retain “ultimate responsibility for determining appropriate discipline,” d 58, 66 (Minn. 2012).
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Origina l Jurisd ict io n Per Curiam
Minn. 2020
ANALYSIS Because neither party ordered a transcript of the di sciplinary hearing, we “ accept [the] referee’s factual findings as conclusive” and “similarly accept as conclusive the conclusions that the referee draws from the facts, such as whether the attorney’s con duct violated the Rules of Professional Conduct.” In re Montez , see Rule 14(e), Rules on Lawyers Professio nal Responsib ility (RLPR).3 We review de novo “the referee’s interpretation of the Rules of Professional Conduct, an d othe
- Original Jurisdiction Per Curiam Minn. 2020
- In re Klotz 909 N.W.2d 327 Minn. 2018
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In re Klotz
909 N.W.2d 327
Minn. 2018
See *336 In re Montez , , 68 (Minn. 2012).
- In re Disciplinary Action Against Siders 903 N.W.2d 218 Minn. 2017
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In re Disciplinary Action Against Siders
903 N.W.2d 218
Minn. 2017
Noncooperation, by itself, is serious misconduct, and “we typically increase the severity of the disciplinary sanction where noncooperation exists.” () (internal quotation marks omitted) (alteration omitted).
- 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
was no evidence they intended to deceive their clients or that their trust account violations harmed any clients.”); (stating that “Misrepresentation is also serious misconduct” and that “ ‘making misrepresentations demonstrates a lack of honesty and integrity, and warrants severe discipline’ ” (quoting Lundeen, d at 608 )); (“Failure to maintain and properly use a trust account is a serious violation of the Rules of Professional Conduct....”).
- In RE Petition for DISCIPLINARY ACTION AGAINST Jesse David MATSON, a Minnesota Attorney, Registration No. 0389131 889 N.W.2d 17 Minn. 2017
- In RE Petition for DISCIPLINARY ACTION AGAINST Jesse David MATSON, a Minnesota Attorney, Registration No. 0389131 889 N.W.2d 17 Minn. 2017
- In re Disciplinary Action Against Pearson 888 N.W.2d 319 Minn. 2016
- In re Disciplinary Action Against Pearson 888 N.W.2d 319 Minn. 2016
- In Re Petition for DISCIPLINARY ACTION AGAINST Robert D. STONEBURNER, a Minnesota Attorney, Registration No. 0105909 882 N.W.2d 200 Minn. 2016
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In Re Petition for DISCIPLINARY ACTION AGAINST Robert D. STONEBURNER, a Minnesota Attorney, Registration No. 0105909
882 N.W.2d 200
Minn. 2016
10 responsibility for determining appropriate discipline.”
- In Re Petition for DISCIPLINARY ACTION AGAINST Herbert Azubuike IGBANUGO, a Minnesota Attorney, Registration No. 191139 863 N.W.2d 751 Minn. 2015
- In Re Petition for DISCIPLINARY ACTION AGAINST Herbert Azubuike IGBANUGO, a Minnesota Attorney, Registration No. 191139 863 N.W.2d 751 Minn. 2015
- 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
Rule 14(e), RLPR; -66 (Minn. 2012).
- Sergey Porada, Yelena Kurdyumova v. Terry I. Monroe, Marc L. Kruger Minn. Ct. App. 2014
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Sergey Porada, Yelena Kurdyumova v. Terry I. Monroe, Marc L. Kruger
Minn. Ct. App. 2014
is that an attorney’s violation of the Rules of Professional Conduct does not give rise to a private cause of action against an attorney.” -67 (Minn. 2012).
- In re Disciplinary Action Against Albrecht 845 N.W.2d 184 Minn. 2014
- In re Disciplinary Action Against Albrecht 845 N.W.2d 184 Minn. 2014
- 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 Glasser 831 N.W.2d 644 Minn. 2013
- In re Disciplinary Action Against Glasser 831 N.W.2d 644 Minn. 2013
- In re Disciplinary Action Against McCormick 819 N.W.2d 442 Minn. 2012
- In re Disciplinary Action Against McCormick 819 N.W.2d 442 Minn. 2012
- In re Disciplinary Action Against Nathanson 812 N.W.2d 70 Minn. 2012