In re Kaminsky, A19-1117
| Citation | 936 N.W.2d 476 (Mem) |
| Decision Date | 17 December 2019 |
| Docket Number | A19-1117 |
| Parties | IN RE Petition for DISCIPLINARY ACTION AGAINST Joseph KAMINSKY, a Minnesota Attorney, Registration No. 0053351 |
| Court | Supreme Court of Minnesota (US) |
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action and a supplementary petition for disciplinary action alleging that respondent Joseph Kaminsky has committed professional misconduct warranting public discipline—namely, failing to communicate with a client, failing to document cash payments from clients with a receipt countersigned by the client, failing to deposit client funds into a trust account in advance of legal services being provided without a written agreement for a flat fee, failing to clearly explain the basis of his fee to a client, and failing to return unearned fees. See Minn. R. Prof. Conduct 1.4(a)(3), 1.5(b), 1.15(a), 1.15(c)(3), 1.15(c)(5), 1.15(h), Appendix I.
Respondent and the Director have entered into a stipulation for discipline. In it, respondent withdraws his previously filed answers, unconditionally admits the allegations in the petition and supplementary petition, and waives his rights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR). The parties jointly recommend that the appropriate discipline is a 30-day suspension and 2 years of supervised probation.
The court has independently reviewed the file and approves the recommended disposition.
1. Respondent Joseph Kaminsky is suspended from the practice of law for a minimum of 30 days, effective 14 days from the date of this order.
2. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR.
3. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals).
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 the Appellate Courts and serves upon the Director an affidavit establishing that he is current in continuing legal education requirements, has complied with Rules 24 and 26, RLPR, has repaid all unearned fees to S.L., and has complied with any other conditions for reinstatement imposed by the court.
5. Within 1 year of the date of this order, respondent shall file with the Clerk of the Appellate Courts and serve upon the Director proof of successful completion of the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility. Failure to timely file the required documentation shall result in automatic suspension, as provided in Rule 18(e)(3), RLPR.
6. Following reinstatement, respondent shall be placed on probation for 2 years, upon the following terms and conditions:
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In re Kaminsky
...December 17, 2019, we suspended respondent Joseph Kaminsky for a minimum of 30 days, effective December 31, 2019. In re Kaminsky , 936 N.W.2d 476, 476 (Minn. 2019) (order). We stated that by December 17, 2020, Kaminsky was required to file proof of his successful completion of the written e......
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In re Petition for Disciplinary Action against Kaminsky
...13, 2020 ORDER In a December 17, 2019 order, we suspended respondent Joseph Kaminsky for a minimum of 30 days. In re Kaminsky, 936 N.W.2d 476, 476 (Minn. 2019) (order). We expressly conditioned respondent's reinstatement on the filing of an affidavit "establishing that he . . . has repaid a......
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In re Kaminsky
...is placed on probation until December 17, 2021, subject to the conditions imposed by our December 17, 2019 order. See In re Kaminsky , 936 N.W.2d 476, 476–77 (Minn. 2019) ...