Disciplinary Action Against Tatone, In re

• Decision Date: 29 May 1990
• Docket Number: No. C1-90-834,C1-90-834
• Citation: 456 N.W.2d 717
• Parties: In re the Petition for DISCIPLINARY ACTION AGAINST Paul M. TATONE, an Attorney at Law of the State of Minnesota.
• Court: Minnesota Supreme Court

Page 717

456 N.W.2d 717

In re the Petition for DISCIPLINARY ACTION AGAINST Paul M.

TATONE, an Attorney at Law of the State of

Minnesota.

No. C1-90-834.

Supreme Court of Minnesota.

May 29, 1990.

ORDER

The Director of the Lawyers Professional Responsibility Board filed a petition with this court alleging that the respondent Paul M. Tatone had committed professional misconduct warranting public discipline. The Director alleges that from 1985 to 1989, respondent routinely submitted notice of appearance forms to the Immigration and Naturalization Service ("INS") in cases where individuals were seeking United States residency; that respondent identified himself as attorney for these individuals even though respondent had no attorney-client relationship with them; that, in fact, William Arthur Jones, a non-attorney with whom respondent shared office space, represented the individuals before the INS; that Jones was not authorized to practice before the INS as a non-attorney; and that respondent's submission of the notice of appearance forms assisted Jones in the unauthorized practice of law. In response, respondent states that after he received the ethics complaint in this matter, he advised Jones that he would no longer sign notices of appearance for individuals seeking residency unless those individuals directly retain respondent.

After the petition had been filed, respondent entered into a stipulation for discipline with the Director. In the stipulation, the respondent waived all of his procedural rights to hearings as provided in Rule 14 of the Rules on Lawyers Professional Responsibility. Respondent also waived his right to interpose an answer and unconditionally admitted all of the allegations of the petition. Respondent joined with the Director in recommending that appropriate discipline pursuant to Rule 15, Rules on Lawyers Professional Responsibility, is a public reprimand. Respondent further agreed to the imposition and payment of $750 in costs pursuant to Rule 24, Rules on Lawyers Professional Responsibility.

The Court, having considered all of the facts and circumstances surrounding this matter, the petition of the Director, and the stipulation of the parties, NOW ORDERS:

1. That the respondent, Paul M. Tatone is hereby publicly reprimanded pursuant to Rule 15 of the Rules on Lawyers Professional Responsibility.

2. That the respondent shall pay to the Director the sum of $750 in costs and disbursements pursuant to Rule 24, Rules on Lawyers...