In re Disciplinary Action against Berndt, No. A05-2414.

CourtSupreme Court of Minnesota (US)
Citation719 N.W.2d 642
Decision Date01 August 2006
PartiesIn re PETITION FOR DISCIPLINARY ACTION AGAINST Deno Walter BERNDT, a Minnesota Attorney, Registration No. 215636.
Docket NumberNo. A05-2414.
719 N.W.2d 642
In re PETITION FOR DISCIPLINARY ACTION AGAINST Deno Walter BERNDT, a Minnesota Attorney, Registration No. 215636.
No. A05-2414.
Supreme Court of Minnesota.
August 1, 2006.

ORDER

The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Deno Walter Berndt committed professional misconduct warranting public discipline, namely, neglect of client matters and misrepresentations to clients to conceal his neglect of those matters, in violation of Minn. R. Prof. Conduct 1.3, 1.4, 3.2, 4.1, and 8.4(c).

As provided in Rule 14(a), Rules on Lawyers Professional Responsibility

Page 643

(RLPR), the matter was referred to a referee with directions to hear the evidence submitted for and against the petition for disciplinary action, then to make and report his findings of fact and recommendations for discipline. The referee concluded that respondent's actions violated the Rules of Professional Conduct, but found that respondent had shown, by clear and convincing evidence, that his misconduct was mitigated by his alcoholism. Respondent stipulates the referee's findings of fact and conclusions of law are conclusive, and has entered into a stipulation with the Director in which they jointly recommend that the appropriate discipline is suspension from the practice of law for a period of 90 days, with reinstatement only after the hearing required by Rule 18, RLPR, suspension to be stayed on condition that respondent be publicly reprimanded and placed on supervised probation for a period of two years, subject to the following conditions:

(a) Respondent shall cooperate fully with the Director's Office in its efforts to monitor compliance with this probation and shall promptly respond to the Director's correspondence by the due date. Respondent shall cooperate 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.

(b) Respondent shall abide by the Minnesota Rules of Professional Conduct.

(c) Respondent shall be supervised by a licensed Minnesota attorney, appointed by the Director to monitor compliance with the terms of this probation. Within two weeks from the date of the stipulation, respondent shall provide to the Director the names...

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2 practice notes
  • In re Disciplinary Action against Andrade, No. A06-426.
    • United States
    • Supreme Court of Minnesota (US)
    • 19 Julio 2007
    ...returns phone calls and correspondence promptly, and otherwise completes client matters on a timely basis. See, e.g., In re Berndt, 719 N.W.2d 642, 643 (Minn.2006) (outlining conditions of supervision). Andrade makes no argument that supervised probation would have prevented him from commit......
  • State Of Minn. v. Dalton, A09-1747
    • United States
    • Court of Appeals of Minnesota
    • 12 Octubre 2010
    ...the procedural error, the evidence would have been admissible is implicitly a holding that the procedural error was harmless." Bell, 719 N.W.2d at 642. Affirmed.--------Notes: 1. The record reflects that appellant is a black male. 2.It does not appear from the record that this conversation ......
2 cases
  • In re Disciplinary Action against Andrade, No. A06-426.
    • United States
    • Supreme Court of Minnesota (US)
    • 19 Julio 2007
    ...returns phone calls and correspondence promptly, and otherwise completes client matters on a timely basis. See, e.g., In re Berndt, 719 N.W.2d 642, 643 (Minn.2006) (outlining conditions of supervision). Andrade makes no argument that supervised probation would have prevented him from commit......
  • State Of Minn. v. Dalton, A09-1747
    • United States
    • Court of Appeals of Minnesota
    • 12 Octubre 2010
    ...the procedural error, the evidence would have been admissible is implicitly a holding that the procedural error was harmless." Bell, 719 N.W.2d at 642. Affirmed.--------Notes: 1. The record reflects that appellant is a black male. 2.It does not appear from the record that this conversation ......

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