IN RE PETITION FOR DISCIPLINARY ACTION AGAINST HEINEMANN, C2-99-384.
| Decision Date | 24 February 2000 |
| Docket Number | No. C2-99-384.,C2-99-384. |
| Parties | In re Petition for DISCIPLINARY ACTION AGAINST Loren L. HEINEMANN, an Attorney at Law of the State of Minnesota. |
| Court | Minnesota Supreme Court |
Edward J. Cleary, Director, Eric T. Cooperstein, Sr. Asst. Director, Office of Lawyers Prof. Resp., St. Paul, for appellant.
Loren L. Heinemann, Richton Park, IL, for respondent.
Heard, considered and decided by the court en banc.
Respondent Loren Heinemann has been licensed to practice law in Minnesota since 1984. Heinemann has been suspended for nonpayment of the attorney registration fees since April 1, 1985, and is on restricted Continuing Legal Education status. Heinemann has resided in and practiced law in Illinois since 1985. On December 11, 1996, the Illinois Attorney Registration and Disciplinary Commission (IARDC) filed a complaint against Heinemann. Heinemann answered the complaint, and eventually stipulated to the facts alleged by the IARDC. Heinemann filed a motion requesting that the Illinois Supreme Court strike his name from the Master Roll of attorneys licensed to practice law in Illinois. On September 24, 1997, the Illinois Supreme Court granted the motion and Heinemann was disbarred.
The Director of the Office of Lawyers Professional Responsibility (the Director) received notice of the discipline from the IARDC on October 29, 1997. The Director mailed notices of investigation to Heinemann by certified mail, which were returned unclaimed. The Director then personally served Heinemann with a Notice and Petition for Disciplinary Action at his Illinois residence on February 3, 1999. Heinemann never filed an answer, nor did he ever respond to any of the Director's requests for participation in the disciplinary process. On October 8, 1999, the Director filed a motion for summary relief with this court. On October 14, 1999, due to the lack of response from Heinemann, the allegations of the petition were deemed admitted. The Director now requests that we impose reciprocal discipline on attorney Heinemann and disbar him from the practice of law in Minnesota pursuant to Rule 12(d) of the Rules on Lawyers Professional Responsibility (RLPR).
Heinemann was stricken by consent from the Master Roll of attorneys licensed to practice in Illinois on September 24, 1997, for multiple incidents of client neglect, and gross incompetence that resulted in both monetary loss and loss of recovery to his clients pursuant to Illinois Supreme Court Rule 762(a), Disbarment on Consent.1 The IARDC documented seven cases of client neglect. All seven cases involved material misrepresentations to his clients as to the status of their cases. The IARDC concluded that Heinemann had engaged in the following acts of misconduct: (1) he failed to provide competent representation; (2) he counseled a client to engage in conduct that he knew was criminal or fraudulent; (3) he failed to act with reasonable diligence and promptness in representing a client; (4) he failed to reduce a contingent fee agreement to writing; (5) he failed to refund any part of fees paid in advance that had not been earned; (6) he engaged in conduct that involved dishonesty, fraud, deceit or misrepresentation; (7) he failed to expedite litigation consistent with the interests of his clients; (8) he engaged in conduct that was prejudicial to the administration of justice; and (9) he engaged in conduct that tended to bring the courts or the legal profession into disrepute.
In response to the IARDC statement filed against him, Heinemann retained legal counsel and filed both an answer and an amended answer.2 Subsequently, Heinemann filed an affidavit stating that he had filed a motion with the Supreme Court of Illinois to strike his name from the Master Roll of attorneys licensed to practice in Illinois. The affidavit further stated that Heinemann had reviewed a copy of the statement of charges that was pending against him, and that if the matter proceeded to a hearing the evidence, as represented in the statement of charges, would clearly and convincingly "establish the facts and conclusion of the misconduct stated." The Supreme Court of Illinois granted Heinemann's motion, and he was struck from the Master Roll on September 24, 1997. The Director then requested, pursuant to RLPR 12(d), that this court impose reciprocal discipline on attorney Heinemann and disbar him in Minnesota.
The purpose for imposing identical disciplinary sanctions is to prevent a sanctioned attorney from avoiding the consequences of misconduct by simply moving his or her...
To continue reading
Request your trial
-
In re Disciplinary Action against Sklar, A18-1330
...sanctioned attorney from avoiding the consequences of misconduct by simply moving his or her practice to another state." In re Heinemann , 606 N.W.2d 62, 64 (Minn. 2000). In imposing any attorney discipline, our responsibility is "to protect the public, to protect the judicial system, and t......
-
Bahl v. Cnty. of Ramsey
...is a “policy question.” Id. In S.W. v. Spring Lake Park School District No. 16, 592 N.W.2d 870, 877 (Minn.Ct.App.1999), aff'd,606 N.W.2d 62 (Minn.2000), the Minnesota Court of Appeals declined to extend vicarious official immunity to a school district that had not adopted a security policy ......
-
In re Huff, A14–0024.
...sanctioned attorney from avoiding the consequences of misconduct by simply moving his or her practice to another state." In re Heinemann, 606 N.W.2d 62, 64 (Minn.2000). "Conservation of judicial resources also militates in favor of deferring to sanctions imposed elsewhere." In re Morin, 469......
-
In re Hawkins
...to cooperate with disciplinary proceedings in this and another state as a basis for reciprocally imposing disbarment); In re Heinemann, 606 N.W.2d 62, 64 (Minn.2000) (same); Schmidt, 586 N.W.2d at 776 (same); Morin, 469 N.W.2d at 717 (same). The cumulative weight and severity of Hawkins's m......