In re Disciplinary Action against Plummer

• Citation: 725 N.W.2d 96
• Decision Date: 21 December 2006
• Docket Number: No. A06-1352.,A06-1352.
• Parties: In re Petition for DISCIPLINARY ACTION AGAINST William Albert PLUMMER, a Minnesota Attorney, Registration No. 291365.
• Court: Minnesota Supreme Court

725 N.W.2d 96

In re Petition for DISCIPLINARY ACTION AGAINST William Albert PLUMMER, a Minnesota Attorney, Registration No. 291365.

No. A06-1352.

Supreme Court of Minnesota.

December 21, 2006.

Timothy Michael Burke, Office of Lawyers Professional Responsibility, St Paul, MN, for Office of Lawyers Professional Responsibility.

William Albert Plummer, St Paul, MN, pro se.

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 disciplinary action against respondent, William A. Plummer, alleging that Plummer (1) failed to attend an administrative hearing, failed to communicate with his client in the matter, and failed to return the client's file; (2) failed to notify his client and a tribunal of his suspension; and (3) failed to cooperate with the Director's investigation of his misconduct. Plummer failed to answer the petition, the allegations are deemed admitted, and the only issue we now consider is the appropriate discipline to impose.

On January 9, 2004, Plummer was retained by MM to represent her in a social security disability matter. On multiple occasions, Plummer failed to return MM's calls seeking to provide him with information or seeking a status report on her case.

On December 15, 2005, we suspended Plummer from the practice of law for 60 days for professional misconduct unrelated to his representation of MM.¹ The rules required that Plummer give notice of his suspension to each client, opposing counsel or pro se party, and tribunals in which he had litigation pending. Rule 26(b), Rules on Lawyers Professional Responsibility (RLPR). The rules also required that Plummer provide proof to the Director of compliance with the notification requirement. Rule 26(e), RLPR. Plummer did not notify MM or the Social Security Administration of his suspension, and failed to file with the Director's office an affidavit documenting his compliance with the order and Rule 26, RLPR.

Following Plummer's suspension, a hearing was scheduled for January 18, 2006, with regard to MM's Social Security claim. Although Plummer wrote to the Office of Hearings and Appeals on December 22, 2005, advising that he no longer represented MM, he did not advise that he was suspended nor did he provide a copy of the letter to MM. In another letter dated January 16, 2006, Plummer wrote to the judge assigned to MM's matter, stating, "I understand I am still listed as the attorney of record in [MM's] matter. Please correct your records." Again, Plummer did not indicate that he was suspended, nor did he provide a copy of the letter to MM. MM appeared for the January 18 hearing, not knowing that Plummer had advised the court that he no longer represented her. She reviewed her file and learned from Plummer's December 22 letter that he no longer represented her. Plummer did not attend the hearing and MM unsuccessfully represented herself. Later that day, Plummer called MM and left a message and MM returned the call, also leaving a message. Plummer never returned MM's call, despite her repeated attempts thereafter to contact him by phone. MM also called Plummer requesting that he return her file but, again, he did not return her calls, nor did he ever return the file. MM reported Plummer's conduct to the Director's Office and learned, for the first time, that Plummer had been suspended in December 2005.

After receiving MM's report, the Director initiated an investigation of Plummer, mailing to Plummer notice of the investigation and a request that he respond within 14 days of the notice. Plummer failed to respond, and the Director wrote Plummer's counsel on February 23, 2006, advising that a response had not been received and again requesting a written response. The Director again wrote to Plummer and his counsel on March 3 and March 14, and received no response. The March 14 letter to Plummer was sent by certified mail, return receipt requested, and Plummer acknowledged receipt of the certified letter on March 15.

On April 24, 2006, the Director sent notice to Plummer of the charges of unprofessional conduct, a notice of pre-hearing meeting, and notice of Panel assignment. Plummer failed to respond and failed to attend the scheduled pre-hearing on May 15, 2006. On June 17, 2006, the Director's petition for disciplinary action was served upon Plummer. Plummer failed to answer the petition and the Director subsequently served and filed a motion for summary relief pursuant to Rule 13(b), RLPR, to which Plummer failed to respond. By order of August 10, 2006, we granted the Director's motion, deemed the allegations of the petition admitted, and set the matter for briefing and oral argument. Plummer has submitted no briefs to this court and failed to appear for oral argument.

In his representation of MM, Plummer violated Rules 1.3 (diligence), 1.4 (communication), 1.16(d) (declining or terminating representation), 3.2 (expediting litigation), and 8.4(c) (misconduct involving dishonesty, fraud, deceit, or misrepresentation), Minnesota Rules of Professional Conduct (MRPC). By his failure to cooperate in the Director's investigation of his misconduct and his failure to report his suspension, Plummer also violated Rules 3.4(c) (fairness to opposing party and counsel involving knowingly disobeying an obligation under the rules of a tribunal), 8.1(b) (bar admission and disciplinary matters— requirement to respond to a disciplinary authority's demand for information), MRPC,...