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(stating that an attorney misappropriates client funds by performing no legal work after receiving a fee and failing to issue a refund).18 18 Our case law has not always been clear about the distinction between “intentional” and “negligent” misappropriation of client funds.

d 306, 312 (Minn. 2013).

as both additional misconduct and an aggravating factor.”

Misappropriation occurs when “funds are not kept in trust and are used for a purpose other than one specified by the client.” (citation omitted) (internal quotation marks omitted).

Failure to return unearned fees is another form of financial mi sconduct and also constitutes “serious misconduct” because, “from the clients’ perspectives, they [are] de prived of the use of their funds without any explanation.”

Bosse’s lack of diligence and failure to communicate also “warrant[] severe discipline.” In re Taplin

A lawyer misappropriates funds when “funds are not kept in trust and are used for a purpose other than one specified by the client.” In re Taplin , (citation omitted) (internal quotation marks omitted).

See In re Tayari-Garrett , , 520 n.4 (Minn. 2015) (noting that we have " 'cautioned the Director not to "double count" the same acts of noncooperation as both additional misconduct and an aggravating factor' " (quoting In re Taplin , , 313 (Minn. 2013) )); see also Minn. R. Prof.

2 In re Hulstrand , , 444 (Minn. 2018) (noting that "[n]o double counting occurred" when "[t]he referee considered [an attorney's] noncooperation before the Director filed a petition to be substantive misconduct" and "the referee found that [the attorney's] noncooperation after the initiation of the public disciplinary proceeding was an aggravating factor"); see also In re Taplin , , 313 (Minn. 2013) ("[A] lawyer's failure to cooperate after a petition is filed may be considered an aggravating f

In re Taplin , , 311 (Minn. 2013).

See In re Taplin , , 312 (Minn. 2013) (stating that "[f]ailure to return the unearned portion of her fees is also serious misconduct" and that "[w]hile the funds were not misappropriated-the most serious form of financial misconduct-the misconduct was serious because, from the clients' perspectives, they were deprived of the use of thei

In re Taplin , , 312 (Minn. 2013) (citation omitted) (internal quotation marks omitted).

In re Taplin , , 311 (Minn. 2013).

In re Taplin , , 312 (Minn. 2013).

Misappropriation occurs when “funds are not kept in trust and are used for a purpose other than one specified by the client,” or when a lawyer “perform[s] no work on [client] matters and never return[s] the funds to the clients.” (citations omitted) (internal quotation marks omitted) (alterations in original).

(stating that the lawyer’s failure “to return $5,225 in advance fees after she 9 performed little work for two clients” was serious misconduct “because, from the clients’ perspectives, they were deprived of the use of their funds without any explanatio

(“[W]e have also cautioned the Director not to ‘double count’ the same acts of noncooperation as both additional misconduct and an aggravating factor.”).

(indefinitely suspending an attorney with no right to petition for reinstatement for 2 years when the attorney neglected two clients, failed to return unearned retainers, and 2 Similar misconduct occurring in Minnesota also would have violated a number of our rules, including Minn. R. Prof.

d 306, 312 (Minn. 2013) (describing attorney’s refusal to return the unearned portion of advanced fees as “serious because, from the clients’ perspectives, they were deprived of the use of their funds without any explanation”).