Discipline of Jorissen, Matter of

• Citation: 391 N.W.2d 822
• Decision Date: 08 August 1986
• Docket Number: No. C3-79-50661,C3-79-50661
• Parties: In the Matter of the Application for the DISCIPLINE OF Timothy W. JORISSEN, an Attorney at Law of the State of Minnesota.
• Court: Supreme Court of Minnesota (US)

Page 822

391 N.W.2d 822

In the Matter of the Application for the DISCIPLINE OF Timothy W. JORISSEN, an Attorney at Law of the State of Minnesota.

No. C3-79-50661.

Supreme Court of Minnesota.

Aug. 8, 1986.

Syllabus by the Court

When a lawyer, suspended by the court for violation of disciplinary rules, repeatedly engaged in the law practice while suspended, his disbarment is warranted.

William J. Wernz, Betty M. Shaw, Asst. Director, St. Paul, for appellant.

Timothy W. Jorissen, Arden Hills, for respondent.

Heard, considered and decided by the court en banc.

PER CURIAM.

After a lengthy disciplinary history, respondent Timothy Jorissen was suspended from the practice of law in October 1981. In April 1984 the Director of Minnesota Lawyers Professional Responsibility petitioned the court urging respondent's disbarment. Respondent answered and petitioned for reinstatement. Following a hearing on the Director's original petition urging disbarment, and a supplemental petition containing additional allegations of misconduct, and on respondent's petition for reinstatement, a referee appointed by the court recommended disbarment. We accept the referee's recommendation and order disbarment.

Respondent was admitted to the practice of law in 1974. In May 1979, the director of Lawyers Professional Responsibility issued a complaint alleging respondent neglected two real estate matters and an automobile accident case. That same month respondent entered into a stipulation for private probation. The stipulation provided for a two-year stay of disciplinary proceedings; respondent's supervision by another attorney; and a reprimand upon successful completion of the probation period.

In October 1979, however, the director issued a second complaint and filed a petition for disciplinary action against respondent before this court. The petition alleged: neglect and misrepresentations to a client in a collection matter; breach of the earlier stipulation by failing to provide requested medical reports; misrepresentations to his probation supervisor concerning a matter under investigation; and failure to cooperate with the director's investigation. Respondent admitted most of the allegations in the director's petition and in December 1979, we publicly censured respondent for his procrastination and neglect of legal matters. We then placed respondent on indefinite probation. The terms and conditions of his probation included: (1) limiting of his practice to completing existing files and not accepting any additional new work; (2) practicing under the supervision of two attorneys; and (3) not returning to general practice without petitioning the Lawyers Professional Responsibility Board, agreeing to the board's terms and securing the approval of this court.

Less than a year later, in December 1980, the director issued respondent a warning for neglect of a client's civil claim and failure to cooperate with his supervising attorney in the investigation of a complaint. Respondent accepted this warning and stipulated to these facts. He also stipulated that he had repeatedly failed to cooperate with the director's office and had continued to neglect client matters during the probation.

In August 1981, the director and respondent filed a stipulation with this court admitting additional unprofessional conduct in violation of this court's 1979 probation order. Respondent admitted he did not limit his practice as ordered, and appeared in court on behalf of two separate clients. In October 1981, we suspended respondent indefinitely from the practice of law in Minnesota giving him permission to apply for reinstatement after September 1, 1982. Violations of our suspension order form the basis of this disciplinary action. Following his suspension, respondent was employed as a law clerk with the firm in which he had been previously practicing. He later contracted his services out.

The director bases his petition on respondent's actions in six matters. The first involves his appearance in juvenile court on behalf of a client on April 25, 1983. The juvenile appeared at an arraignment hearing and entered a denial, assisted by respondent. Respondent introduced himself as "Timothy Jorissen of [naming the firm he was clerking for]." He informed the court that another lawyer would be the attorney of record. Respondent never informed the court that he was a law clerk, not an attorney, and the presiding judge testified that he was led to believe that respondent was an attorney.

The second incident arose at a pre-trial hearing before the same judge on June 27, 1983. Respondent appeared with a client charged with driving while intoxicated. The court inquired on the record whether the client was appearing with the attorney of record to which respondent answered, "Timothy W. Jorissen, J-O-R-I-S-S-E-N." Respondent then stated for the record that the client was waiving his right to a Rasmussen hearing on the results of a blood alcohol test. Both the judge and county attorney believed respondent to be an attorney.

The third alleged incident of misconduct appeared at the trial of the DWI client. Respondent appeared as co-counsel with the attorney of record. Although respondent never claimed to be an attorney, he never informed the court nor the county attorney that he was appearing in a paralegal capacity. Both the court and county attorney testified they were led to believe that respondent was an attorney by his participation in an in-chambers discussion and by his sitting at the counsel table during trial.

The fourth incident involved an appearance by respondent at a hearing before the Workers' Compensation Court of Appeals on July 20, 1983. Respondent announced to the court that a party to the dispute would not be submitting a brief nor making an argument and was content to stand on the record. When the court released its decision, it noted that respondent appeared on behalf of the party. Respondent did nothing to correct the error and now admits he used poor judgment.

The fifth incident involves respondent's participation in a domestic abuse matter. On July 27, 1983, respondent appeared before a county court on behalf of a client who was not present. Respondent never told the court he was not an attorney in spite of the court's numerous references to him as "counsel." Respondent then stipulated to a restraining order. The trial judge testified that had he known that respondent was not an attorney, he would not have permitted the stipulation in the client's absence.

The final incident involved respondent's participation in the dissolution of the parties involved in the domestic abuse matter. Respondent telephoned opposing counsel and said he was representing the husband. He did not tell counsel that he was a law clerk. On July 6, 1984, he met with counsel and the parties to discuss a stipulation and advised the husband on the terms of the stipulation. Counsel made clear to respondent her belief that respondent was an attorney. A hearing was set before the trial court who had learned of respondent's suspension. The court refused to accept the stipulation and ordered respondent to pay opposing counsel $300 in attorney fees. There is no evidence that respondent has paid those fees.

Following respondent's disciplinary hearing, the referee concluded that respondent had impliedly misrepresented himself as a licensed attorney to the court and members of the bar in violation of Disciplinary Rules 1-102(A)(4), (5) and (6), Minn. Code Prof. Resp., that respondent's actions amount to the unauthorized practice of law, Rule 3-101(B), Minn.Code Prof.Resp., and that respondent had violated this court's October 5, 1981, suspension order. The referee, based upon the cumulative effect of respondent's violations, recommends disbarment.

Disciplinary Rule 3-101(B), Minn.Code Prof.Resp., provides:

A lawyer shall not practice law in a jurisdiction where to do so would be in violation of regulations of the profession in that jurisdiction.

Similarly, Minn.Stat. Sec. 481.02 (1984) prohibits any person "except members of the bar of Minnesota admitted and licensed to practice as attorneys at law," from appearing in any court as an attorney or counselor at law on behalf of any other person, from holding oneself out as qualified to give legal advice, preparing legal documents, and from giving out legal...