In re Petition for Reinstatement of Upin, 011221 MNSC, A19-1104

Docket Nº:A19-1104
Opinion Judge:Natalie E. Hudson, Associate Justice
Party Name:In re Petition for Reinstatement of Jeffrey D. Upin, a Minnesota Attorney, Registration No. 0152924.
Case Date:January 12, 2021
Court:Supreme Court of Minnesota

In re Petition for Reinstatement of Jeffrey D. Upin, a Minnesota Attorney, Registration No. 0152924.

No. A19-1104

Supreme Court of Minnesota

January 12, 2021

ORDER

Natalie E. Hudson, Associate Justice

Petitioner Jeffrey D. Up in was admitted to practice law in the State of Minnesota on October 21, 1983. On December 13, 2017, we indefinitely suspended petitioner from the practice of law with no right to petition for reinstatement for 18 months, effective 14 days from the date of that order. In re Upin, 904 N.W.2d 645, 647 (Minn. 2017) (order). Upin's misconduct involved failing to safeguard and misappropriating client funds. See Minn. R. Prof. Conduct 1.15(a), 8.4(c).

Petitioner applied for reinstatement in July 2019, and on November 5, 2020, a hearing was held before a panel of the Lawyers Professional Responsibility Board. On November 16, 2020, the panel submitted its findings of fact, conclusions of law, and recommendation for reinstatement. The panel concluded that petitioner had complied with Rule 26, Rules on Lawyers Professional Responsibility (RLPR), paid the costs required under Rule 24, RLPR, and passed the Multistate Professional Responsibility Exam. The panel also concluded petitioner had proven by clear and convincing evidence that he had undergone the requisite moral change to render him fit to resume the practice of law, that he possessed current legal skill and knowledge, and that he had otherwise met the conditions of reinstatement set forth in our prior order. The panel recommended that petitioner be reinstated to the practice of law and placed on probation for a period of 2 years, subject to conditions.

Petitioner and the Director waive their procedural rights under Rule 18, RLPR, and jointly recommend that petitioner be reinstated and, upon reinstatement, be placed on probation. 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. Petitioner Jeffrey D. Up in is reinstated to the practice of law, effective upon payment of the required registration fees to the Minnesota Lawyer Registration Office.

2. Petitioner is placed on probation, which will terminate 2 years after petitioner's reinstatement, subject to the following terms and conditions: (a) Petitioner shall cooperate fully with the Director's Office in its efforts to monitor...

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