In re Lundeen
| Decision Date | 21 March 2012 |
| Docket Number | No. A11–0896.,A11–0896. |
| Citation | 811 N.W.2d 602 |
| Parties | In re Petition for DISCIPLINARY ACTION AGAINST Steven Paul LUNDEEN, a Minnesota Attorney, Registration No. 273776. |
| Court | Minnesota Supreme Court |
OPINION TEXT STARTS HERE
Syllabus by the Court
Disbarment is the appropriate sanction for an attorney who misappropriated client funds, failed to place funds in his trust account, failed to return unearned fees, failed to appear for trial, made false statements to the court and to clients, failed to satisfy a law-related debt, failed to comply with court orders, neglected client matters, and failed to cooperate in the disciplinary process.
Martin A. Cole, Director, Cassie Hanson, Senior Assistant Director, Office of Lawyers Professional Responsibility, St. Paul, Minnesota, for petitioner.
Stephen O'Brien, Minneapolis, Minnesota, for respondent attorney.
The Director of the Office of Lawyers Professional Responsibility filed a petition for disciplinary action against respondent Steven Paul Lundeen on May 16, 2011, alleging four counts of professional misconduct, including misappropriation of client funds, failure to pay a law-related debt, failure to return unearned fees, client neglect, making false statements, and failure to cooperate with the disciplinary process. Lundeen failed to file an answer to this petition.
On May 31, 2011, the Director filed a supplementary petition for disciplinary action against Lundeen, alleging two additional counts of misconduct, including failure to appear at trial and making false statements to the court. Lundeen failed to file an answer to the supplementary petition. In response to a motion for summary relief from the Director, on June 30, 2011 we ordered that the allegations in both the petition for disciplinary action and the supplementary petition for disciplinary action be deemed admitted.
On November 3, 2011, the Director filed a second supplementary petition for disciplinary action against Lundeen, alleging four additional counts of misconduct, including conversion of client funds, abandonment of client matters, unauthorized practice of law, and a continued failure to participate in the disciplinary process. Lundeen failed to file an answer to the second supplementary petition.
On November 14, 2011, the Director filed a petition for Lundeen's temporary suspension from the practice of law. Lundeen failed to file a response to this petition. On December 1, 2011, we ordered that the allegations in the second supplementary petition and the petition for temporary suspension be deemed admitted and temporarily suspended Lundeen from the practice of law.
Lundeen was admitted to the practice of law in Minnesota in 1997. Lundeen was admonished by the Director in July 2001 for failing to diligently pursue a client matter, failing to adequately communicate with the client, and failing to provide the client with adequate notice of Lundeen's intent to withdraw from representation. Lundeen was also admonished by the Director in February 2010 for failing to satisfy a law-related debt and for making false statements regarding payment of that debt.
The Director requests that we disbar Lundeen. We agree with the Director's assertion that the facts and circumstances of this case merit disbarment. The admitted allegations in the three petitions for disciplinary action are described below as eight matters.1
During his representation of J.S., Lundeen failed to place two settlement checks in his trust account. Additionally, Lundeen issued J.S. a settlement check drawn on his business account that was returned for insufficient funds. J.S. obtained a conciliation court judgment against Lundeen and the court ordered Lundeen to complete a financial disclosure form and submit the form to J.S. Lundeen failed to provide the form to J.S. or satisfy the judgment.
Lundeen's conduct in the J.S. matter violated Minn. R. Prof. Conduct 1.15(a), which requires a lawyer to safekeep client property by placing client funds in a trust account. Lundeen also committed professional misconduct by engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation in violation of Minn. R. Prof. Conduct 8.4(c).
P.S. provided court reporting services to Lundeen. Despite repeated requests for payment, Lundeen did not pay P.S.'s bill for those services in the amount of $924.05. P.S. obtained a conciliation court judgment against Lundeen and the court ordered Lundeen to complete a financial disclosure form and submit it to P.S. Lundeen failed to complete the form or satisfy the judgment.
Lundeen's conduct in the P.S. matter violated Minn. R. Prof. Conduct 3.4(c), which prohibits lawyers from knowingly disobeying the rules of a tribunal. Lundeen also engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation and in conduct prejudicial to the administration of justice in violation of Minn. R. Prof. Conduct 8.4(c)–(d).
In November 2009 Lundeen began representing F.P., a vulnerable client, in two unrelated civil matters. Lundeen frequently failed to communicate with F.P. In July 2010, Lundeen withdrew from one of F.P.'s civil matters on which Lundeen had done no work and returned the file to F.P. Although F.P. requested that Lundeen return the file in his second civil case, Lundeen has not returned the file.
Lundeen's conduct in the F.P. matter violated the Rules of Professional Conduct requiring a lawyer to provide competent representation (Minn. R. Prof. Conduct 1.1), to act with diligence and promptness (Minn. R. Prof. Conduct 1.3), to adequately communicate with clients (Minn. R. Prof. Conduct 1.4), and to protect a client's interests after termination of representation by returning the client's papers and property (Minn. R. Prof. Conduct 1.16(d)). Lundeen also committed misconduct by engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation in violation of Minn. R. Prof. Conduct 8.4(c).
Lundeen accepted $712 in advance fees from W.N. to cancel a contract for deed but performed no work on the matter. W.N. demanded an accounting and a refund. Lundeen falsely stated to W.N. that he had recorded a cancellation of the contract for deed. Lundeen also promised W.N. a refund of unearned fees, but failed to appear at three scheduled meetings with W.N. After W.N. filed an ethics complaint with the Office of Lawyers Professional Responsibility, Lundeen told W.N. he would no longer provide a refund. Lundeen has not refunded any unearned fees to W.N.
Lundeen's conduct in the W.N. matter violated all of the same Minnesota Rules of Professional Conduct that he violated in the F.P. matter. Lundeen's conduct in the W.N. matter also violated the Rules of Professional Conduct prohibiting a lawyer from charging unreasonable fees (Minn. R. Prof. Conduct 1.5(a)), prohibiting a lawyer from knowingly making false statements (Minn. R. Prof. Conduct 4.1), and requiring a lawyer to provide an accounting of unearned fees and to deliver funds to a client when that client is entitled to receive them (Minn. R. Prof. Conduct 1.15(b), (c)(4)).
During his representation of W.E. in a criminal trial, Lundeen was arrested on suspicion of cocaine possession. As a result, Lundeen failed to appear for the second day of W.E.'s trial. In the days following his arrest and failure to appear, Lundeen made multiple false statements to the court about the reason for his absence. The court declared a mistrial. Lundeen later pleaded guilty to fifth-degree drug possession.
Lundeen's conduct in this matter violated the Rules of Professional Conduct requiring candor toward the tribunal (Minn. R. Prof. Conduct 3.3(a)) and fairness to the opposing party and counsel (Minn. R. Prof. Conduct 3.4(c)), and prohibiting knowing false statements (Minn. R. Prof. Conduct 4.1). Lundeen also committed professional misconduct by committing a criminal act that reflected adversely on his honesty, trustworthiness, or fitness as a lawyer; by engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and by engaging in conduct prejudicial to the administration of justice, in violation of Minn. R. Prof. Conduct 8.4(b)–(d).
Lundeen's representation of K.P., N.G., J.B., and P.A. followed a similar pattern: Lundeen accepted advance fees but performed no work, failed to communicate with the clients, refused to return unearned fees, and made false statements to the clients. In addition, Lundeen was verbally and physically aggressive toward K.P. on one occasion when K.P. requested a refund. Lundeen has also failed to satisfy K.P.'s conciliation court judgment against him. Finally, Lundeen failed to comply with the conciliation court's order for financial disclosure in the K.P. matter until after a bench warrant was issued for his arrest.
Lundeen's conduct in the K.P., N.G., J.B., and P.A. matters violated the Rules of Professional Conduct requiring lawyers to provide competent representation (Minn. R. Prof. Conduct 1.1), to act with diligence and promptness (Minn. R. Prof. Conduct 1.3), to adequately communicate with clients (Minn. R. Prof. Conduct 1.4), and to refrain from making false statements (Minn. R. Prof. Conduct 4.1). Lundeen also committed misconduct by engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and by engaging in conduct prejudicial to the administration of justice, in violation of Minn. R. Prof. Conduct 8.4(c)–(d). Additionally, Lundeen's failure to comply with the district court's order for financial disclosure in the K.P. matter until after a bench warrant was issued violated Minn. R. Prof. Conduct 3.4(c), prohibiting lawyers from knowingly disobeying the rules of a tribunal.
In June 2011 Lundeen wrote a check in payment of his annual lawyer's registration fee that was returned for insufficient funds. Lundeen failed to make a substitute payment...
To continue reading
Request your trial
-
In re Tigue, A19-1603
...misappropriation of client funds, which we have repeatedly stated is a "particularly serious violation." In re Lundeen , 811 N.W.2d 602, 608 (Minn. 2012) (explaining that we "generally disbar attorneys who [intentionally] misappropriate client funds unless there are substantial mitigating c......
-
Gilbert v. Utah State Bar (In re Gilbert)
...order of suspension” due to it manifesting a “conscious intent to flout the authority of” the court); In re Disciplinary Action Against Lundeen , 811 N.W.2d 602, 608 (Minn.2012) (concluding that a “failure to comply with court orders is a ‘serious violation’ and that ‘repeated failure to co......
-
In re Petition for Disciplinary Action Against Butler
...determine the appropriate discipline on a case-by-case basis after considering aggravating and mitigating circumstances. In re Lundeen, 811 N.W.2d 602, 608 (Minn.2012). We first consider the nature of Butler's misconduct. Butler brought frivolous lawsuits, fraudulently joined parties, or re......
-
In re Disciplinary Action Against Sea, A17-1548
...discipline is appropriate. We have imposed significant discipline for making false statements to a tribunal. We held in Tayari-Garret and In re Lundeen that an attorney’s failure to appear at trial and subsequent multiple false statements to the court about the reason for the absence violat......