Application of Herman, No. 39200

CourtSupreme Court of Minnesota (US)
Writing for the CourtPER CURIAM; ROGOSHESKE
Citation197 N.W.2d 241,293 Minn. 472
PartiesIn re Application of Theodor Herzl HERMAN for Reinstatement as an Attorney-at-Law in Minnesota.
Docket NumberNo. 39200
Decision Date28 April 1972

Page 241

197 N.W.2d 241
293 Minn. 472
In re Application of Theodor Herzl HERMAN for Reinstatement
as an Attorney-at-Law in Minnesota.
No. 39200.
Supreme Court of Minnesota.
April 28, 1972.

[293 MINN 472] Peter Dorsey and Curtis L. Stine, Minneapolis, for petitioner.

R. B. Reavill, Administrative Director, State Board of Professional Responsibility, St. Paul, for respondent.

Heard and considered on banc.

PER CURIAM.

Petitioner was disbarred by order of this court on December 6, 1963, [293 MINN 473] as a result of his conviction of the crime of swindling, Minn.St.1961, § 614.11, a felony. 1 He now petitions for reinstatement.

Petitioner was convicted of swindling in selling a fictitious contract for deed to the health, welfare, and profit sharing plan of a corporate client. He was sentenced to an indeterminate period of up to 5 years, the maximum penalty under the swindling statute. He was discharged from the State Prison on February 17, 1967, having served the full term of the sentence, less the usual good-time credits.

The swindle for which he was indicted, however, was admittedly only one of many, commencing as early as 1957, or even 1954.

Page 242

His victims included a legal secretary, 2 a rabbi, 3 and others who reposed trust in him other than in an attorney-client relationship. 4 To the extent that remorse is represented either by communication with victims or efforts at restitution, it is clear that petitioner's only affirmative act of that nature has been restitution, in monthly payments, to the rabbi.

The decisive inquiry on this petition, as stated in In re Application of Smith for Reinstatement, 220 Minn. 197, 200, 19 N.W.2d 324, 326 (1945), is 'whether the applicant is of such good moral character that he should be readmitted to the office of attorney and recommended to the public as a trustworthy person fit to be consulted in matters of confidence.' We conclude that this has not been established, and accordingly deny the petition.

A joint hearing on petitioner's application was conducted by the Committee on Professional Responsibility and Discipline of the Minnesota State Bar Association and the Screening Committee of the Ethics Committee of the Hennepin County Bar Association. The matter has, by stipulation, been submitted to this court on the record of that hearing and without reference to a fact-finding referee. The Board of Governors [293 MINN 474] of the Minnesota Bar Association and the Hennepin County Bar Association adopted the adverse recommendations of their respective committees and, pursuant to those recommendations, have filed objections to petitioner's application for reinstatement.

Petitioner has undertaken to show that the lack of character which prompted his criminal conduct has now so changed that he has earned anew the trust and confidence once so clearly forfeited. His respected counsel attributes petitioner's prior conduct to his 'massive ego which reached such proportions as to constitute a psychological aberration,' manifested by an inordinate compulsion for materialistic success and an unwillingness to admit mistake. 5 A psychiatrist, Dr. Alan Challman, stated by affidavit that petitioner suffered from '(s)ocial maladjustment without manifest psychiatric disorder--i.e., Dyssocial behavior.' Dr. Challman did not state that petitioner was rehabilitated. Although he stated that 'there is a natural tendency for problems of this sort to diminish and sometimes completely disappear with the passage of time and the acquisition of greater personal maturity,' Dr. Challman added that 'psychiatric interviews...

To continue reading

Request your trial
9 practice notes
  • In re Tigue, A19-1603
    • United States
    • Supreme Court of Minnesota (US)
    • June 16, 2021
    ..."submit their most intimate and important affairs to him with complete confidence in both his competence and fidelity." In re Herman , 293 Minn. 472, 197 N.W.2d 241, 244 (1972) ; see also In re Kadrie , 602 N.W.2d 868, 870 (Minn. 1999). We consider the specific misconduct that led to violat......
  • In re Sand, A18-1795
    • United States
    • Supreme Court of Minnesota (US)
    • December 16, 2020
    ...with complete confidence in both his competence and fidelity.’ " In re Kadrie , 602 N.W.2d 868, 870 (Minn. 1999) (quoting In re Herman , 293 Minn. 472, 197 N.W.2d 241, 244 (1972) ). Evidence of this moral change must come from both an observed record of appropriate conduct, and from the pet......
  • IN RE REINSTATEMENT OF ANDERLEY, No. C5-91-801.
    • United States
    • Supreme Court of Minnesota (US)
    • May 26, 2005
    ...competence and morality. In re Kadrie, 602 N.W.2d 868, 870 (Minn.1999) (citing In re Wegner, 417 N.W.2d 97, 98 (Minn.1987); In re Herman, 293 Minn. 472, 475, 197 N.W.2d 241, 244 (1972)). The petitioning attorney is required to provide stronger proof of good character and trustworthiness tha......
  • In re Reinstatement of Mose, No. A07-0437.
    • United States
    • Supreme Court of Minnesota (US)
    • August 7, 2008
    ...important affairs to him with complete confidence in both his competence and fidelity.'" Kadrie, 602 N.W.2d at 870 (quoting In re Herman, 293 Minn. 472, 476, 197 N.W.2d 241, 244 (1972)). The petitioner must provide "stronger proof of good character and trustworthiness than is required in an......
  • Request a trial to view additional results
9 cases
  • In re Tigue, A19-1603
    • United States
    • Supreme Court of Minnesota (US)
    • June 16, 2021
    ..."submit their most intimate and important affairs to him with complete confidence in both his competence and fidelity." In re Herman , 293 Minn. 472, 197 N.W.2d 241, 244 (1972) ; see also In re Kadrie , 602 N.W.2d 868, 870 (Minn. 1999). We consider the specific misconduct that led to violat......
  • In re Sand, A18-1795
    • United States
    • Supreme Court of Minnesota (US)
    • December 16, 2020
    ...with complete confidence in both his competence and fidelity.’ " In re Kadrie , 602 N.W.2d 868, 870 (Minn. 1999) (quoting In re Herman , 293 Minn. 472, 197 N.W.2d 241, 244 (1972) ). Evidence of this moral change must come from both an observed record of appropriate conduct, and from the pet......
  • IN RE REINSTATEMENT OF ANDERLEY, No. C5-91-801.
    • United States
    • Supreme Court of Minnesota (US)
    • May 26, 2005
    ...competence and morality. In re Kadrie, 602 N.W.2d 868, 870 (Minn.1999) (citing In re Wegner, 417 N.W.2d 97, 98 (Minn.1987); In re Herman, 293 Minn. 472, 475, 197 N.W.2d 241, 244 (1972)). The petitioning attorney is required to provide stronger proof of good character and trustworthiness tha......
  • In re Reinstatement of Mose, No. A07-0437.
    • United States
    • Supreme Court of Minnesota (US)
    • August 7, 2008
    ...important affairs to him with complete confidence in both his competence and fidelity.'" Kadrie, 602 N.W.2d at 870 (quoting In re Herman, 293 Minn. 472, 476, 197 N.W.2d 241, 244 (1972)). The petitioner must provide "stronger proof of good character and trustworthiness than is required in an......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT