Disciplinary Action Against Selmer, In re, C8-93-1638

• Decision Date: 11 September 1997
• Docket Number: No. C8-93-1638,C8-93-1638
• Citation: 568 N.W.2d 702
• Parties: In re Petition for DISCIPLINARY ACTION AGAINST Scott E. SELMER, an Attorney at Law of the State of Minnesota.
• Court: Minnesota Supreme Court

Page 702

568 N.W.2d 702

In re Petition for DISCIPLINARY ACTION AGAINST Scott E. SELMER, an Attorney at Law of the State of Minnesota.

No. C8-93-1638.

Supreme Court of Minnesota.

Sept. 11, 1997.

Marcia Johnson, Director of L.P.R., Patrick R. Burns, St. Paul, for Appellant.

Ronald Meshbesher, Minneapolis, for Respondent.

Amicus Curiae National Bar Association & Association of Black Lawyers Donald Lewis, Jerry Blackwell, Halleland Lewis Nilan Sipkins & Johnson, P.A., Allen Gibas, Minneapolis.

Heard, considered and decided by the court en banc.

OPINION

PER CURIAM.

The Director of the Office of Lawyers Professional Responsibility filed a petition for revocation of probation and for further disciplinary action against respondent Scott E. Selmer alleging that he engaged in a pattern of harassing and frivolous litigation, that he made false and misleading statements in response to discovery requests and in pretrial proceedings, and that he failed to comply with proper discovery requests in violation of the Minnesota Rules of Professional Conduct (MRPC). See Rule 12(a), Rules on Lawyers Professional Responsibility (RLPR). The referee found that respondent had engaged in a pattern of frivolous and harassing conduct in violation of Rule 3.1, MRPC, when he filed a number of claims or counterclaims in separate proceedings alleging racial discrimination; that he failed to acknowledge the wrongful conduct of asserting claims without a factual basis; and that he knowingly offered false and misleading evidence in response to discovery requests by failing to supplement incomplete and misleading responses during discovery, by failing to comply with proper discovery requests, by making false statements of fact in attempts to advance his own interests, and by engaging in dishonest conduct. The referee recommended that respondent be suspended from the practice of law for a period of not less than six months with conditions.

The parties have stipulated to an expungement of five designated words from the transcript of the proceedings at page 595 (line 6), and we approve of the expungement. In addition, the National Bar Association, the Minnesota Association of Black Lawyers, and Attorney Allen H. Gibas have moved the court to participate as amici curiae, and we grant their motions and have considered their submissions.

Respondent was admitted to practice law in the State of Minnesota on May 11, 1984. He has been disciplined by this court on two earlier occasions, one of which resulted in a public reprimand with two years' probation for respondent's failure to promptly provide an accounting; for his charge of and suit to collect an unreasonable fee; for his abuse of the discovery process in litigation against his client; for his failure to maintain proper trust account records; for his false certification that he had maintained those records; and for his commingling of personal and client funds. In re Disciplinary Action against Selmer, 529 N.W.2d 684 (Minn.1995). In that matter, we had the occasion to note that "[a]t the heart of this disciplinary matter is Selmer's misuse of the litigation process to harass his client; this is not a matter which could be settled in fee arbitration." Among the conditions imposed during the two-year period of probation were that respondent abide by the Rules of Professional Conduct and that he cooperate with the director's investigation "of any allegations of unprofessional conduct which may come to the Director's attention." The probationary period was due to expire on April 14, 1997, but on March 28, 1996, the director filed this petition for revocation and for further disciplinary action, alleging a "pattern of harassing and frivolous litigation" relating to respondent's assertion of claims of racial discrimination either in commencing litigation against or in defending claims asserted by his creditors.

The referee found that during the period from 1983 to 1995, respondent, acting individually or through his professional association, had been involved in at least 26 state or federal district court civil actions and that in 23 of those matters, respondent or his professional association was the defendant in creditors' actions to recover for goods received, loans extended, or services rendered. The referee focused his inquiry on eight of those matters which involved a personal loan to respondent by the State Bank of Hudson in the amount of $9,400; business loans totalling $109,178.43 obtained from First National Bank Association to operate his law practice; a home mortgage held by Fleet Real Estate; a Dayton's department store credit account of $3,013.17; respondent's failure to pay a court reporter a total of $2,539.40 for court reporting services provided on eight separate occasions; his failure to pay $3,195.40 in attorney fees to the attorney who represented him in disciplinary proceedings; his failure to pay the registration fee for a seminar he attended; and his failure to pay $2,077.85 for computer equipment delivered to his law office.

Litigation commenced by the various creditors or by respondent against them spanned a 12-year period, and the common theme of the unrelated actions was respondent's repeated assertion of a claim of racial discrimination as a sword or a shield to thwart legitimate efforts of the creditors to collect debts respondent has admitted he owed. The extensive record prompted the referee to observe that respondent's "conduct involves dishonest and selfish motives to the extent that [his] frivolous claims and counterclaims enabled [him] to delay the payment of, or obtain material...