In re Smith
Citation | 969 N.W.2d 375 (Mem) |
Decision Date | 25 January 2022 |
Docket Number | A21-1529 |
Parties | IN RE Petition for DISCIPLINARY ACTION AGAINST Dennis James SMITH, a Minnesota Attorney, Registration No. 0313725. |
Court | Supreme Court of Minnesota (US) |
Natalie E. Hudson, Associate Justice The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Dennis James Smith has committed professional misconduct warranting public discipline—namely, failing to exercise diligence in handling a client matter, failing to adequately or reasonably communicate with his client during the representation, failing to communicate his hourly rate to his client, failing to deposit a client's advance fee payment into his trust account until three months after receipt, failing to properly safekeep a large check received from a third party in a client matter until mailing it to the client five weeks later, failing to timely withdraw earned fees from his trust account and provide the client with a billing statement to reflect the earned fees or work performed on the client matter, failing to timely forward his client's file to her successor counsel, failing to timely refund the unearned portion of the advance fee, and making multiple knowingly false statements regarding the progress and status of his client's file as well as false statements regarding respondent's communication with his client, in violation of Minn. R. Prof. Conduct 1.3, 1.4(a)(2), 1.4(a)(3), 1.4(a)(4), 1.4(b), 1.5(b), 1.15(a), 1.15(b), 1.16(d), 4.1, and 8.4(c).
Respondent and the Director have entered into a stipulation for discipline. In it, respondent waives his right to answer, waives his other rights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR), and unconditionally admits the allegations in the petition. The parties jointly recommend that the appropriate discipline is a 30-day suspension followed by 2 years of probation.
The court has independently reviewed the file and approves the recommended disposition.
1. Respondent Dennis James Smith is suspended from the practice of law for a minimum of 30 days, effective 14 days from the date of this order.
2. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR.
3. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals).
4. Upon reinstatement to the practice of law, respondent shall be placed on probation for a period of 2 years, upon the following terms and conditions:
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