In Re Petition for DISCIPLINARY ACTION AGAINST Shannon M. FITZPATRICK, a Minnesota Attorney, Registration No. 345349
Opinion text
OFFICE OF
APPELLATE COUFITS
FEB 1'2 2015
STATE OF MINNESOTA
IN SUPREME COURT
FILED
A14-2158
In re Petition for Disciplinary Action against
Shannon M. Fitzpatrick, a Minnesota Attorney,
Registration No. 345349.
ORDER
The Director of the Office of Lawyers Professional Responsibility filed a petition
for disciplinary action alleging that respondent Shannon M. Fitzpatrick committed
professional misconduct, namely, that while on disciplinary probation, respondent cut
and pasted a client's signature from another document to a stipulation for an order, with
that client's knowledge, notarized the signature, and filed the document with the district
court, in violation ofMinn. R. Prof. Conduct 8.4(c) and (d).
Respondent waived her procedural rights under Rule 14, Rules on Lawyers
Professional Responsibility (RLPR), and unconditionally admitted the allegations of the
petition. In a stipulation for discipline, the parties jointly recommended that the
appropriate discipline is a 30-day suspension and 2 years of probation. After filing the
stipulation for discipline, respondent asked the court to make her suspension retroactive
to January 1, 2015, or in the alternative, to impose a 30-day stayed suspension.
The court has independently reviewed the file and will impose the disposition
recommended in the stipulation for discipline.
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Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that:
l. Respondent Shannon M. Fitzpatrick is suspended from the practice of law
for a minimum of30 days, effective the date of the filing of this order;
2. Respondent shall comply with Rule 26, RLPR (requiring notice of
suspension to clients, opposing counsel, and tribunals);
3. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR;
4. Respondent shall be eligible for reinstatement to the practice of law
following the expiration of the suspension period provided that, not less than 15 days
before the end of the suspension period, respondent files with the Clerk of Appellate
Courts and serves upon the Director an affidavit establishing that she is current in
continuing legal education requirements, has complied with Rules 24 and 26, RLPR, and
has complied with any other conditions for reinstatement imposed by the court;
5. Within 1 year of the date of the filing of this order, respondent shall file
with the Clerk of Appellate Courts and serve upon the Director proof of successful
completion of the professional responsibility portion of the state bar examination. Failure
to timely file the required documentation shall result in automatic re-suspension, as
provided in Rule 18(e )(3 ), RLPR; and
6. Upon reinstatement to the practice of law, respondent shall be subject to
probation for 2 years, subject to the following conditions:
(a) Respondent shall cooperate fully with the Director's Office in its
efforts to monitor compliance with this probation. Respondent shall
promptly respond to the Director's correspondence by the due date.
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Respondent shall provide the Director with a current mailing address and
shall immediately notifY the Director of any change of address.
Respondent shall cooperate with the Director's investigation of any
allegations of unprofessional conduct that may come to the Director's
attention. Upon the Director's request, respondent shall authorize the
release of information and documentation to verifY compliance with the
terms of this probation; and
(b) Respondent shall abide by the Minnesota Rules of Professional
Conduct.
Dated: February 12, 2015
BY THE COURT:
Associate Justice
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