In re Smith

Citation969 N.W.2d 375 (Mem)
Decision Date25 January 2022
Docket NumberA21-1529
Parties IN RE Petition for DISCIPLINARY ACTION AGAINST Dennis James SMITH, a Minnesota Attorney, Registration No. 0313725.
CourtSupreme Court of Minnesota (US)
ORDER

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.

Based upon all the files, records, and proceedings herein,

IT IS HEREBY ORDERED THAT:

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:

a. Respondent shall abide by the Minnesota Rules of Professional Conduct.
b. Respondent shall cooperate fully with the Director's Office in its efforts to monitor compliance with this probation. Respondent shall promptly respond to the Director's correspondence by its due date. Respondent shall provide to the Director a current mailing address and shall immediately notify the Director of any change of address. Respondent shall cooperate with the Director's investigation of any allegations of unprofessional conduct that may come to the Director's attention. Upon the Director's request, respondent shall provide authorization for release of information and
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