In re Kefalos

• Citation: 968 N.W.2d 835 (Mem)
• Decision Date: 14 January 2022
• Docket Number: A20-0777
• Parties: IN RE Petition for DISCIPLINARY ACTION AGAINST Nicholas Constantine KEFALOS, a Minnesota Attorney, Registration No. 0309564.
• Court: Supreme Court of Minnesota (US)

968 N.W.2d 835 (Mem)

IN RE Petition for DISCIPLINARY ACTION AGAINST Nicholas Constantine KEFALOS, a Minnesota Attorney, Registration No. 0309564.

A20-0777

Supreme Court of Minnesota.

January 14, 2022

ORDER

Natalie E. Hudson, Associate Justice The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action seeking reciprocal discipline after the Illinois Supreme Court suspended respondent Nicholas Constantine Kefalos for 6 months. The Illinois Supreme Court suspended respondent for lack of diligence, failing to communicate, and failing to refund unearned fees in three client matters; making a misrepresentation to one of these clients; and failing to cooperate in the disciplinary investigation. See Ill. R. Prof. Conduct 1.3, 1.4(a)(3)–(4), 1.16(d), 8.1(b), 8.4(c).

On June 10, 2020, we suspended respondent pursuant to Rule 12(c)(1), Rules on Lawyers Professional Responsibility (RLPR), after he could not be found in the state and the Director was unable to serve him with the petition for disciplinary action. In re Kefalos , No. A20-0777, Order at 1 (Minn. filed June 10, 2020). We provided that respondent had 1 year to move for vacation of the suspension order and for leave to answer the petition for disciplinary action and that failure to appear in this matter within 1 year would result in the allegations of the petition for disciplinary action being deemed admitted. Id.

On June 18, 2021, we deemed the allegations in the petition admitted after respondent failed to move for vacation of the suspension order. In re Kefalos , No. A20-0777, Order at 1 (Minn. filed June 18, 2021). We also provided that respondent could file a memorandum showing cause why we should not discipline him. In re Kefalos , No. A20-0777, Order at 2 (Minn. filed Sept. 17, 2021). We further ordered the parties to submit written proposals regarding the appropriate discipline to be imposed. Id.

Respondent did not file a memorandum in response to the order to show cause. He also did not file a written proposal regarding the appropriate discipline. The Director asks us to impose reciprocal discipline by indefinitely suspending respondent with no right to petition for reinstatement for 6 months.

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

IT IS HEREBY ORDERED THAT:

1. Respondent Nicholas Constantine Kefalos is indefinitely suspended from the practice of law with no right to petition for reinstatement for 6 months from the date of this...