Disciplinary Action Against Albrecht, In re, C3-97-356

Citation573 N.W.2d 89
Decision Date15 January 1998
Docket NumberNo. C3-97-356,C3-97-356
PartiesIn re Petition for DISCIPLINARY ACTION AGAINST Alan J. ALBRECHT, an Attorney at Law of the State of Minnesota.
CourtSupreme Court of Minnesota (US)
ORDER

WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed an affidavit requesting that respondent Alan J. Albrecht, who is currently on supervised probation, be suspended for failure to comply with the terms of his probation, namely failure to promptly respond to correspondence from the Director's office; and

WHEREAS, respondent filed an affidavit in opposition to the Director's request and the parties were directed to file briefs and appear for oral argument regarding the matter; and

WHEREAS, prior to the oral argument scheduled in this matter, the parties entered into a stipulation waiving the argument, acknowledging that respondent is currently receiving treatment from a psychologist for depression, and jointly recommending that respondent be suspended from the practice of law for a period of 45 days pursuant to Rule 15, Rules on Lawyers Professional Responsibility (RLPR); that the reinstatement hearing provided for in Rule 18, RLPR, be waived; that within one year of the date of this court's order, respondent successfully complete the professional responsibility portion of the state bar examination; that respondent is to comply with Rule 26, RLPR; and that respondent pay $900 in costs and that he be reinstated on expiration of the suspension period provided that:

i. Prior to reinstatement, respondent undergo a mental health evaluation by a psychiatrist acceptable to the Director for the purpose of determining whether medication should be included in the treatment of respondent's depression; and

ii. At least 15 days before the expiration of the suspension period, respondent files an affidavit with the Clerk of Appellate Courts and the Director's office establishing that respondent is current with Continuing Legal Education, has fully complied with Rules 24 and 26, RLPR, and has satisfactorily completed all other conditions imposed by the court in its decision; and

WHEREAS, the parties agree that upon reinstatement respondent be placed on supervised probation for a period of 2 years on the following conditions:

i. Respondent shall cooperate fully with the Director's office in its efforts to monitor compliance with this probation and promptly respond to the Director's correspondence by the due date. Respondent shall cooperate fully with the Director's investigation of any allegations of unprofessional conduct which may come to the Director's attention. Upon the Director's request, respondent shall provide authorization for release of information and documentation to verify compliance with the terms of this probation. During the term of the probation, should respondent fail to respond to any request for information from the Director by the date set forth in the request, upon the Director's filing...

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