Cited by
Opinions in Minnesota that cite In Re Disciplinary Action Against Swerine, 513 N.W.2d 463.
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Original Jurisdiction Per Curiam
Minn. 2022
see also Franke, d at 228 11 Colosi argues that the referee erred in concluding that he had a selfish motive.
- In re Disciplinary Action Against Ulanowski 834 N.W.2d 697 Minn. 2013
- In re Disciplinary Action Against Ulanowski 834 N.W.2d 697 Minn. 2013
- In re Disciplinary Action Against Melin 812 N.W.2d 83 Minn. 2012
- In re Disciplinary Action Against Melin 812 N.W.2d 83 Minn. 2012
- In re Disciplinary Action Against Swokowski 796 N.W.2d 317 Minn. 2011
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In re Disciplinary Action Against Swokowski
796 N.W.2d 317
Minn. 2011
Nature of the Misconduct We have said that misappropriation of client funds alone “ ‘is particularly serious misconduct and usually warrants disbarment absent clear and convincing evidence of substantial mitigating factors.’” Garcia, d at 443 (); *327
- In Re Petition for Disciplinary Action Against Ryerson 760 N.W.2d 893 Minn. 2009
- In Re Petition for Disciplinary Action Against Ryerson 760 N.W.2d 893 Minn. 2009
- In Re Disciplinary Action Against Swensen 743 N.W.2d 243 Minn. 2008
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In Re Disciplinary Action Against Swensen
743 N.W.2d 243
Minn. 2008
This conduct is akin to the misappropriation of client funds, which “usually merits the sanction of disbarment unless the attorney presents clear and convincing evidence of substantial mitigating circumstances which show that the attorney did not intentionally convert the funds.”
- In Re Disciplinary Action Against Rhodes 740 N.W.2d 574 Minn. 2007
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In Re Disciplinary Action Against Rhodes
740 N.W.2d 574
Minn. 2007
B.Financial Misconduct The misappropriation of client funds is particularly serious misconduct arid usually warrants disbarment “absent ‘clear and convincing evidence of substantial mitigating factors.’ ” De Rycke, d at 374 ().
- In Re Disciplinary Action Against Ward 726 N.W.2d 497 Minn. 2007
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In Re Disciplinary Action Against Ward
726 N.W.2d 497
Minn. 2007
(citing ABA Standards for Imposing Lawyer Sanctions, Standard 9.22(j) (A.B.A.1991) (stating that indifference toward restitution is an aggravating factor in determining discipline)); (noting that failure to satisfy a judgment in favor of former clients for
- In Re Disciplinary Action Against De Rycke 707 N.W.2d 370 Minn. 2006
- In Re Disciplinary Action Against De Rycke 707 N.W.2d 370 Minn. 2006
- In Re Petition for Disciplinary Action Against Pierce 706 N.W.2d 749 Minn. 2005
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In Re Petition for Disciplinary Action Against Pierce
706 N.W.2d 749
Minn. 2005
See, (disbarring attorney who misappropriated client funds and who had a prior record of discipline for similar misconduct); (disbarring attorney who misappropriated $15,000 in client funds); (disbarring attorney who misappropriated funds from four clients and made misrepresentations to the clients and the Director to conceal the theft); (disbarring attorney who misappropriated more than $16,000 of client funds, failed to maintain proper trust account
- In Re Petition for Disciplinary Action Against Hoedeman 620 N.W.2d 714 Minn. 2001
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In Re Petition for Disciplinary Action Against Hoedeman
620 N.W.2d 714
Minn. 2001
We have warned the profession that “misuse of trust accounts * * * will * * * almost invariably result in lengthy suspension at the very least.” (“As an independent violation, improper maintenance of trust accounts generally warrants suspension.”).
- In Re Disciplinary Action Against Davis 585 N.W.2d 373 Minn. 1998
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In Re Disciplinary Action Against Davis
585 N.W.2d 373
Minn. 1998
Such “indifference toward restitution is an aggravating factor in determining discipline.” (citing Standards for Imposing Lawyer Sanctions, Standard 9.22(j) (A.B.A.1991)).
- In Re Disciplinary Action Against McNabb 577 N.W.2d 924 Minn. 1998
- In Re Disciplinary Action Against McNabb 577 N.W.2d 924 Minn. 1998
- In Re Disciplinary Action Against Olson 577 N.W.2d 218 Minn. 1998
- In Re Disciplinary Action Against Olson 577 N.W.2d 218 Minn. 1998
- In Re Disciplinary Action Against Dovolis 572 N.W.2d 734 Minn. 1998
- In Re Disciplinary Action Against Dovolis 572 N.W.2d 734 Minn. 1998
- In Re Disciplinary Action Against Grzybek 567 N.W.2d 259 Minn. 1997
- In Re Disciplinary Action Against Grzybek 567 N.W.2d 259 Minn. 1997
- In Re Disciplinary Action Against Ruttger 566 N.W.2d 327 Minn. 1997
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In Re Disciplinary Action Against Ruttger
566 N.W.2d 327
Minn. 1997
“Misappropriation of client funds usually merits the sanction of disbarment unless the attorney presents clear and convincing evidence of substantial mitigating circumstances which show that the attorney did not intentionally convert the funds.” ().
- In Re Disciplinary Action Against Randall 562 N.W.2d 679 Minn. 1997
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In Re Disciplinary Action Against Randall
562 N.W.2d 679
Minn. 1997
“Misappropriation occurs whenever funds belonging to a client are not kept in trust and are used for any purpose other than that specified by the client.” LaChapelle, d at 20 (quotation omitted); (disbarment warranted when attorney gains client funds by forging the client’s signature on settlement checks without authorization).
- Petition for Discipl. Act. Against Weems 540 N.W.2d 305 Minn. 1995
- Petition for Discipl. Act. Against Weems 540 N.W.2d 305 Minn. 1995