In re Gunther

• Citation: 968 N.W.2d 45 (Mem)
• Decision Date: 30 December 2021
• Docket Number: A21-0989
• Parties: IN RE Petition for DISCIPLINARY ACTION AGAINST Thomas Herbert GUNTHER, a Minnesota Attorney, Registration No. 0219678.
• Court: Supreme Court of Minnesota (US)

968 N.W.2d 45 (Mem)

IN RE Petition for DISCIPLINARY ACTION AGAINST Thomas Herbert GUNTHER, a Minnesota Attorney, Registration No. 0219678.

A21-0989

Supreme Court of Minnesota.

December 30, 2021

ORDER

Natalie E. Hudson, Associate Justice

The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Thomas Herbert Gunther has committed professional misconduct warranting public discipline—namely, misappropriating client funds and failing to deposit client funds in trust. See Minn. R. Prof. Conduct 1.15(a), 1.15(c)(5), 8.4(c).

The parties have filed a stipulation for discipline. In it, respondent waives his procedural rights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR), withdraws his previously filed answer, and unconditionally admits the allegations in the petition. The parties recommend that, in light of mitigating factors, the appropriate discipline is an indefinite suspension with no right to petition for reinstatement for 18 months.

The court has independently reviewed the file and approves the recommended disposition.

Based upon all the files, records, and proceedings herein,

IT IS HEREBY ORDERED THAT:

1. Respondent Thomas Herbert Gunther is suspended from the practice of law, effective 14 days from the date of this order, with no right to petition for reinstatement for 18 months.

2. Respondent may petition for reinstatement under Rule 18(a)–(d), RLPR. Reinstatement is conditioned on successful completion of the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility, see Rule 18(e)(2), RLPR ; see also Rule 4.A.(5), Rules for Admission to the Bar (requiring evidence that an applicant has successfully completed the Multistate Professional Responsibility Examination), and satisfaction of continuing legal education requirements, see Rule 18(e)(4), RLPR.

3. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals), and shall pay $900 in costs under Rule 24, RLPR.