Cited by
Opinions in Minnesota that cite Matter of Disciplinary Action Against Franke, 345 N.W.2d 224.
- Original Jurisdiction Per Curiam Minn. 2022
- In re Petition for Disciplinary Action against Ignatius Chukwuemeka Udeani, Minn. 2020
- In Re Petition for DISCIPLINARY ACTION AGAINST David A. OVERBOE, a Minnesota Attorney, Registration No. 83318 867 N.W.2d 482 Minn. 2015
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In Re Petition for DISCIPLINARY ACTION AGAINST David A. OVERBOE, a Minnesota Attorney, Registration No. 83318
867 N.W.2d 482
Minn. 2015
(disbarring attorney who, among other things, misappropriated funds from a ward); (disbarring attorney who, among other things, took “advantage of a trusting, vulnerable client to put $100,000” in the attorney’s business venture); (stating that when an attorney “exhibits callous disregard for the .
- 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
Where “an attorney exhibits callous disregard for the physical and financial well-being of vulnerable, dependent persons, that attorney has a heavy burden to persuade the court of his fitness to continue the practice of law.”
- In re Disciplinary Action Against Taplin 837 N.W.2d 306 Minn. 2013
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In re Disciplinary Action Against Taplin
837 N.W.2d 306
Minn. 2013
We have identified four factors to assess the appropriate discipline for a lawyer’s misconduct: “(1) the nature of the misconduct; (2) the cumulative weight of the disciplinary violations; (3) the harm to the public; and (4) the harm to the legal profession.” (d at 463 )
- In re Disciplinary Action Against Fairbairn 802 N.W.2d 734 Minn. 2011
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In re Disciplinary Action Against Fairbairn
802 N.W.2d 734
Minn. 2011
() (internal quotation marks omitted).
- In Re Disciplinary Action Against Albrecht 779 N.W.2d 530 Minn. 2010
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In Re Disciplinary Action Against Albrecht
779 N.W.2d 530
Minn. 2010
(“The final responsibility for determining appropriate discipline rests solely with this court.”).
- In Re Petition for Disciplinary Action Against Houge 764 N.W.2d 328 Minn. 2009
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In Re Petition for Disciplinary Action Against Houge
764 N.W.2d 328
Minn. 2009
(internal citations omitted).
- In Re QFC 728 N.W.2d 72 Minn. 2007
- In re Disciplinary Action Against Q.F.C. 728 N.W.2d 72 Minn. 2007
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In Re QFC
728 N.W.2d 72
Minn. 2007
(internal quotation omitted).
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In re Disciplinary Action Against Q.F.C.
728 N.W.2d 72
Minn. 2007
(internal quotation omitted).
- In Re Petition for Disciplinary Action Against Rooney 709 N.W.2d 263 Minn. 2006
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In Re Petition for Disciplinary Action Against Rooney
709 N.W.2d 263
Minn. 2006
Nonetheless, community service and other good works generally “do not militate against the imposition of discipline in matters of serious ethical misconduct.” Stromwall, d at 62 ().
- In Re Disciplinary Action Against Wentzell 656 N.W.2d 402 Minn. 2003
- In Re Disciplinary Action Against Wentzell 656 N.W.2d 402 Minn. 2003
- In Re Disciplinary Action Against Geiger 621 N.W.2d 16 Minn. 2001
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In Re Disciplinary Action Against Geiger
621 N.W.2d 16
Minn. 2001
(“There is a less tangible, yet no less real, harm to the public-at-large that occurs when an attorney’s conduct is the subject of negative media attention.”).
- In Re Petition for Disciplinary Action Against Kaszynski 620 N.W.2d 708 Minn. 2001
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In Re Petition for Disciplinary Action Against Kaszynski
620 N.W.2d 708
Minn. 2001
Kasz-ynski’s representation threatened the immigration status of many of his clients and “contravened one of the most fundamental concepts of his profession: that he should represent his clients competently and zealously, without prejudice or damage to those clients.” (ordering disbarment for a pattern of misconduct including self-dealing, intentional harm to two wards, client neglect, misrepresentations, excessive fees, conflict of interest, and the unauthorized practice of law).
- In Re Disciplinary Action Against Jontz 590 N.W.2d 777 Minn. 1999
- In Re Disciplinary Action Against Jontz 590 N.W.2d 777 Minn. 1999
- In Re Petition for Disciplinary Action Against Bernard 534 N.W.2d 272 Minn. 1995
- In Re Petition for Disciplinary Action Against Bernard 534 N.W.2d 272 Minn. 1995
- In Re Disciplinary Action Against Swerine 513 N.W.2d 463 Minn. 1994
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In Re Disciplinary Action Against Swerine
513 N.W.2d 463
Minn. 1994
See, (vulnerable elderly person); (trusting vulnerable client); (attorney has heavy burden to persuade court of fitness to practice law where he exhibits callous disregard for physical and financial wellbeing of vulnerable, dependent persons).
- In Re Petition for Disciplinary Action Against Gustafson 493 N.W.2d 551 Minn. 1992
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Distinguished
In Re Petition for Disciplinary Action Against Gustafson
493 N.W.2d 551
Minn. 1992
to recommend disbarment by what he described as the “implausibilities of respondent’s story.” In support of the referee’s disbarment recommendation, the director of the Office of Lawyers Professional Responsibility cites several disciplinary decisions by this court involving an attorney’s misuse of an elderly client’s assets, among them and
- In Re Disciplinary Action Against Olsen 487 N.W.2d 871 Minn. 1992
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In Re Disciplinary Action Against Olsen
487 N.W.2d 871
Minn. 1992
In determining the appropriate sanction, “we consider the nature of the misconduct, the cumulative weight of thé violations, the harm to the public and the harm to the profession.” ().
- In Re Disciplinary Action Against Stroble 487 N.W.2d 869 Minn. 1992
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In Re Disciplinary Action Against Stroble
487 N.W.2d 869
Minn. 1992
We take these mitigating circumstances into account but these factors will not “militate against the imposition of discipline in matters of serious ethical misconduct.”
- In Re Petition for Disciplinary Action Against Stromwall 481 N.W.2d 60 Minn. 1992
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In Re Petition for Disciplinary Action Against Stromwall
481 N.W.2d 60
Minn. 1992
We also think that the referee properly refused to recognize as a mitigating circumstance respondent’s community service; although commendable, factors such as community service “do not militate against the imposition of discipline in matters of serious ethical misconduct.”
- In RE DISCIPLINARY ACTION AGAINST McGRATH 462 N.W.2d 599 Minn. 1990
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In RE DISCIPLINARY ACTION AGAINST McGRATH
462 N.W.2d 599
Minn. 1990
3 “While the referee’s recommendation is entitled to great weight * * * final responsibility for determining the appropriate discipline rests solely with this court.” ().
- In Re Petition for Disciplinary Action Against Peterson 456 N.W.2d 89 Minn. 1990
- In Re Petition for Disciplinary Action Against Peterson 456 N.W.2d 89 Minn. 1990
- In Re Petition for Disciplinary Action Against Pokorny 453 N.W.2d 345 Minn. 1990
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In Re Petition for Disciplinary Action Against Pokorny
453 N.W.2d 345
Minn. 1990
In determining appropriate discipline, we “weigh carefully the nature of the misconduct, the cumulative weight of the disciplinary rule violations, the harm to the public, and the harm to the legal profession.”
- In Re Disciplinary Action Against Klein 442 N.W.2d 317 Minn. 1989
- In Re Disciplinary Action Against Klein 442 N.W.2d 317 Minn. 1989
- In Re Petition for Disciplinary Action Against Flanery 431 N.W.2d 115 Minn. 1988
- In Re the Application for the Discipline of Benson 431 N.W.2d 120 Minn. 1988