IN RE REINSTATEMENT OF ANDERLEY, No. C5-91-801.

CourtSupreme Court of Minnesota (US)
Writing for the CourtPER CURIAM.
Citation696 N.W.2d 380
PartiesIn re the Petition for Reinstatement to the Practice of Law OF David V. ANDERLEY, Attorney Registration No. 1533.
Docket NumberNo. C5-91-801.
Decision Date26 May 2005

696 N.W.2d 380

In re the Petition for Reinstatement to the Practice of Law OF David V. ANDERLEY, Attorney Registration No. 1533

No. C5-91-801.

Supreme Court of Minnesota.

May 26, 2005.


696 N.W.2d 381
Kenneth L. Jorgensen, Director, Betty M. Shaw, Senior Assistant Director, Office of Lawyers Professional Responsibility, St. Paul, MN, for Appellant's

Michael J. Hollenhorst, Spring Park, MN, for Respondent's.

Heard, considered and decided by the court en banc.

OPINION

PER CURIAM.

In this case we consider the recommendation of a three-member panel of the Lawyers Professional Responsibility Board that disbarred attorney, petitioner David Anderley, be conditionally reinstated to the practice of law in Minnesota. The Director of the Lawyers Professional Responsibility Board joins in the panel's recommendation. We have independently reviewed the record and we conclude that Anderley is entitled to be reinstated to the practice of law, subject to certain conditions.

Anderley was admitted to the practice of law in Minnesota in 1979. In March 1992, we disbarred Anderley, agreeing with the referee's conclusion that Anderley had committed fraud and forgery, had misappropriated funds, had commingled personal and client funds in his trust account, and had failed to maintain trust account records over a period of time while falsely certifying that he had done so. In re Disciplinary Action Against Anderley, 481 N.W.2d 366, 367-70 (Minn.1992). Anderley, who was performing insurance defense work, devised a fraudulent claim against an insurance company, forged and altered documents to validate, support and settle a claim, obtained approval from the company for settlement in the amount of $48,500, forged settlement documents, and misappropriated settlement moneys from his trust account for his personal use. Id. We agreed with the referee's conclusion that Anderley's misconduct was not caused by alcoholism even though a physician had diagnosed Anderley with psychoactive substance use disorder, chronic alcoholism and a potential chronic anxiety disorder, which,

696 N.W.2d 382
according to the physician, triggered the misconduct. Id.

As a result of his misconduct, Anderley was charged in federal district court with the crime of mail fraud to which he pleaded guilty. He was sentenced to six months of confinement with work release, three years of probation, and was ordered to pay restitution to the insurance company he defrauded.1

In November 2002, Anderley petitioned for reinstatement to the practice of law, as permitted by Rule 18, Rules on Lawyers Professional Responsibility (RLPR).2 As directed by Rule 18, the Director investigated and reported conclusions to a three-member panel of the Lawyers Professional Responsibility Board. Following an evidentiary hearing before the panel, it issued its findings of fact and conclusions and recommended that Anderley be reinstated to the practice of law, subject to certain conditions. At the panel hearing, the Director opposed reinstatement, but following issuance of the panel's findings, conclusions and recommendations, the Director joined with the panel in recommending that Anderley be conditionally reinstated.

Anderley has been disbarred for 13 years. The panel's findings, conclusions and recommendations, together with the record, clearly demonstrate that Anderley has made significant lifestyle changes since his disbarment. He began medical treatment for alcoholism, anxiety disorder, and depression in 1991 and until 1994 he received medication for anxiety and depression. Since 1991 he has been attending Alcoholics Anonymous (AA), which has become a focal point and primary support mechanism in his life. Much of his free time is given to AA and its members. He attends several AA meetings weekly, is a "trusted servant," and often runs meetings, speaks to groups, and sponsors other members. He has made presentations to various organizations, including Minneapolis Intergroup Association, Hazelden, Maple Lake Treatment Center, Medicine Lake Detox Center, Anoka County Corrections Treatment Facility, Avalon Program, Indian Recovery Program, AA Correctional Facilities Temporary Sponsorship Program, and the Learning Center. The record supports the panel's finding that through his speaking engagements, Anderley has "espoused the need for treatment of alcoholism and other mental health issues, the need for personal honesty, a realistic self-perception, the establishment of protective personal boundaries, a willingness to seek advice

696 N.W.2d 383
and counsel when necessary and to establish and maintain spirituality." Anderley has accepted full responsibility for the misconduct that resulted in his disbarment

Between 1992 and 2002, Anderley worked as a paralegal for five different lawyers. One of the lawyers for whom he worked from 1995 to 2001 testified that his work was excellent and that he was very reliable. As of August 1, 1999, lawyers hiring Anderley were required under Minnesota Rules of Professional Conduct to notify the Office of Lawyers Professional Responsibility of any employment of a disbarred attorney in any capacity. See Minn. R. Prof. Conduct 5.7.3 After this rule change, it became more difficult for Anderley to find work as a paralegal. From January to March 2003, Anderley worked in sales and account maintenance for a lawn chemical company; from March to August 2003, he worked reading and scoring tests; and from August 2003 to the present he has worked as a professional driver transporting vulnerable adults. His current employer considers him a trusted and valuable employee; he is well liked by clients, healthcare facilitators and caregivers.

To support his petition for reinstatement, Anderley met with Dr. Reitman, a psychiatrist, who conducted a forensic evaluation with respect to Anderley's alcoholism and current psychological health. Dr. Reitman conducted lengthy and extensive interviews with Anderley, reviewed his past medical records and administered an MMPI-II. According to Dr. Reitman, Anderley is clearly a chemically-dependent person, but in full remission, and he also has a generalized anxiety disorder, in remission.4 According to Dr. Reitman, Anderley has undergone significant characterological change due to his sustained sobriety and has developed good coping mechanisms, a realistic self-concept, and good appreciation of his strengths and weaknesses. Anderley does not show any symptoms of major psychopathology or psychopathy. Compared with other professionals he has diagnosed, Dr. Reitman opined that Anderley was a very good candidate for...

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13 practice notes
  • State v. Blanche, No. A03-826.
    • United States
    • Supreme Court of Minnesota (US)
    • 26 May 2005
    ...to his federal sentence. See State v. Gassler, 505 N.W.2d 62, 69 (Minn.1993) (allowing state sentence to run consecutively to federal 696 N.W.2d 380 sentence so long as sentence does not exaggerate criminality of Based on all of the foregoing, we hold that Blanche is not entitled to a new t......
  • In re Sand, A18-1795
    • United States
    • Supreme Court of Minnesota (US)
    • 16 December 2020
    ...to the practice of law who have been disbarred for misappropriating client funds, stealing, or dishonesty in general." In re Anderley , 696 N.W.2d 380, 385 n.6 (Minn. 2005). If disbarment were permanent in every case, "[ Rule 18 ] would be a cruel hoax." Ramirez , 719 N.W.2d at 924 (Minn. 2......
  • In re Wade, D-132-20
    • United States
    • United States State Supreme Court (New Jersey)
    • 7 June 2022
    ...see Minn. R. Laws. Pro. Resp. 18, 33 but length of time since disbarment is a factor to be considered for reinstatement, In re Anderly, 696 N.W.2d 380, 385 (Minn. 2005). Disbarment is permanent in only 8 states including New Jersey. Ind. R. Admission Bar & Discipline Att'ys 23 § 3(a); Ky. S......
  • In re Stewart, A16-1309
    • United States
    • Supreme Court of Minnesota (US)
    • 26 July 2017
    ...after disbarment is the rare exception to the rule." In re Ramirez , 719 N.W.2d 920, 924 (Minn. 2006) ; see also In re Anderley , 696 N.W.2d 380, 385 (Minn. 2005) (referring to a disbarred, later reinstated, attorney as "the rare individual who has met the heavy burden of demonstrating his ......
  • Request a trial to view additional results
13 cases
  • State v. Blanche, No. A03-826.
    • United States
    • Supreme Court of Minnesota (US)
    • 26 May 2005
    ...to his federal sentence. See State v. Gassler, 505 N.W.2d 62, 69 (Minn.1993) (allowing state sentence to run consecutively to federal 696 N.W.2d 380 sentence so long as sentence does not exaggerate criminality of Based on all of the foregoing, we hold that Blanche is not entitled to a new t......
  • In re Sand, A18-1795
    • United States
    • Supreme Court of Minnesota (US)
    • 16 December 2020
    ...to the practice of law who have been disbarred for misappropriating client funds, stealing, or dishonesty in general." In re Anderley , 696 N.W.2d 380, 385 n.6 (Minn. 2005). If disbarment were permanent in every case, "[ Rule 18 ] would be a cruel hoax." Ramirez , 719 N.W.2d at 924 (Minn. 2......
  • In re Wade, D-132-20
    • United States
    • United States State Supreme Court (New Jersey)
    • 7 June 2022
    ...see Minn. R. Laws. Pro. Resp. 18, 33 but length of time since disbarment is a factor to be considered for reinstatement, In re Anderly, 696 N.W.2d 380, 385 (Minn. 2005). Disbarment is permanent in only 8 states including New Jersey. Ind. R. Admission Bar & Discipline Att'ys 23 § 3(a); Ky. S......
  • In re Stewart, A16-1309
    • United States
    • Supreme Court of Minnesota (US)
    • 26 July 2017
    ...after disbarment is the rare exception to the rule." In re Ramirez , 719 N.W.2d 920, 924 (Minn. 2006) ; see also In re Anderley , 696 N.W.2d 380, 385 (Minn. 2005) (referring to a disbarred, later reinstated, attorney as "the rare individual who has met the heavy burden of demonstrating his ......
  • Request a trial to view additional results

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