Cited by
Opinions in Minnesota that cite In re Petition of Arcand, 639 N.W.2d 358.
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Original Jurisdiction Per Curiam
Minn. 2021
“Misappropriati on occurs whenever funds belonging to a client are not deposited in a trust account and are used for any purpose other than that specified by the client.” In re Westby
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In re Petition for Disciplinary Action against Barry L. Blomquist, Jr., a Minnesota Attorney, Registration No. 12090X
Minn. 2021
We are concerned about attorneys who do not acknowledge committing any misconduct because they “might engage in similar conduct in the future unless” they are “appropriately sanctioned.”
- In re Petition for Disciplinary Action against Karlowba R. Adams Powell, a Minnesota Minn. 2020
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In re Disciplinary Action Against Villanueva
931 N.W.2d 816
Minn. 2019
See In re Westby , , 370 (Minn. 2002), abrogated on other grounds by In re Jones , , 680 n.9 (Minn. 2013).
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In re Amoun Vang Sayaovong
909 N.W.2d 575
Minn. 2018
" In re Lundeen , , 608 (Minn. 2012) (quoting In re Westby , , 370 (Minn. 2002) ).
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In re Disciplinary Action Against Tigue
900 N.W.2d 424
Minn. 2017
Misappropriation of client funds occurs when “‘funds belonging to a client are not deposited in a trust account and are used for any purpose other than that specified by the client.’ ” ().
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In re Disciplinary Action Against Saltzstein
896 N.W.2d 864
Minn. 2017
*871 “Misappropriation occurs whenever funds belonging to a client are not deposited in a trust account and are used for any purpose other than that specified by the client.”
- In re Disciplinary Action Against Eskola 891 N.W.2d 294 Minn. 2017
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In re Disciplinary Action Against Jones
834 N.W.2d 671
Minn. 2013
Conduct 8.1(b) and an aggravating factor); -54, 757 (Minn.2005) (holding that an attorney’s failure to respond to a disciplinary petition or appear for meetings with the Director was both a rule violation and an aggravating factor); -71 (Minn.2002) (holding that an attorney's failure to respond to a disciplinary notice and interference with the investigation was both a rule violation and an aggravating factor).
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In re Disciplinary Action Against Ulanowski
834 N.W.2d 697
Minn. 2013
See, e.g., Redburn, d at 337 ; -71 (Minn.2002).
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In re Disciplinary Action Against Voss
830 N.W.2d 867
Minn. 2013
at 802-03 ; 19 and (5) Voss’s lack of recognition of and remorse for his misconduct, especially his attempts to shift the blame to his staff
- In re Disciplinary Action Against McCormick 819 N.W.2d 442 Minn. 2012
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In re Disciplinary Action Against Lundeen
811 N.W.2d 602
Minn. 2012
“Misappropriation occurs whenever funds belonging to a client are not deposited in a trust account and are used for any purpose other than that specified by the client.”
- In re Disciplinary Action Against Letourneau 792 N.W.2d 444 Minn. 2011
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In Re Disciplinary Action Against Rebeau
787 N.W.2d 168
Minn. 2010
The failure to reasonably respond to a Director’s notice of investigation constitutes noncooperation, and is a separate act of misconduct distinct from the underlying violations that warrants public discipline including suspension, (holding failure to cooperate warrants indefinite suspension).
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In Re Disciplinary Action Against Karlsen
778 N.W.2d 307
Minn. 2010
Failure to appropriately respond at any stage of a disciplinary proceeding constitutes a violation of Rule 25, RLPR, and Rule 8.1(b), MRPC, including failure to respond to a notice of investigation, and failure to attend a pre-hearing meeting, see Rule 9(e), RLPR (making the lawyer’s attendance at the prehearing meeting mandatory).
- In Re Disciplinary Action Against Winter 770 N.W.2d 463 Minn. 2009
- In Re Petition for Disciplinary Action Against Grigsby 764 N.W.2d 54 Minn. 2009
- In Re Petition for Disciplinary Action Against Ryerson 760 N.W.2d 893 Minn. 2009
- In Re Petition for Disciplinary Action Against Anderson 759 N.W.2d 892 Minn. 2009
- In Re Petition for Disciplinary Action Against Czarnik 759 N.W.2d 217 Minn. 2009
- In Re Petition for Disciplinary Action Against Varriano 755 N.W.2d 282 Minn. 2008
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In Re Disciplinary Action Against Redburn
746 N.W.2d 330
Minn. 2008
(“[Cjonduct which interferes with the disciplinary process is prejudicial to the administration of justice in violation of Rule 8.4(d).”).
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In Re Charges of Unprofessional Conduct in Panel Case No. 23236
728 N.W.2d 254
Minn. 2007
365, 368 (Minn.2002) (concluding that the lawyer had violated Rule 1.4(b) by failing to disclose to clients that she was suspended from the practice of law when she accepted retainers from clients, obtained a continuance for a matter, and helped clients prepare for hearings); see also Attorney Griev.
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In Re Disciplinary Action Against Wood
716 N.W.2d 341
Minn. 2006
“Rulings on evidentiary matters are left to the discretion of the district court and will not be reversed absent an abuse of discretion.” (citing Jenson v. Touche Ross & Co., ).
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In Re Disciplinary Action Against Letourneau
712 N.W.2d 183
Minn. 2006
370 (Minn.2002) (“A lawyer * * * violates Rule 8.4(c) by making false representations with an intent to deceive.”).
- In Re Disciplinary Action Against Knutson 711 N.W.2d 807 Minn. 2006
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In Re Disciplinary Action Against Day
710 N.W.2d 789
Minn. 2006
We also have stated that “[misappropriation occurs whenever funds belonging to a client are not deposited in a trust account and are used for any purpose other than that specified by the client.”
- In re Disciplinary Action Against Fagrestroetz 710 N.W.2d 783 Minn. 2006
- In Re Fagre-Stroetz 710 N.W.2d 783 Minn. 2006
- In Re Petition for Disciplinary Action Against Pierce 706 N.W.2d 749 Minn. 2005
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In Re Disciplinary Action Against Nathan
671 N.W.2d 578
Minn. 2003
Nevertheless, this court gives “great deference to a referee’s findings on disputed facts and will not reverse the referee’s findings and conclusions unless they are clearly erroneous.”
- In Re Disciplinary Action Against Albrecht 660 N.W.2d 790 Minn. 2003
- In Re Disciplinary Action Against Wentzell 656 N.W.2d 402 Minn. 2003