Fit But Verify
The Minnesota Supreme Court reinstated an attorney who had been suspended for 18 months for misappropriation of over $27,000. The attorney was placed on probation for three years and also is subject to some conditions that are in force as long as he practices law. These permanent conditions include a prohibition from maintaining a trust account solely in his name, up to three additional signatories on any trust account, each disbursement signed or authorized by one other signatory and a prohibition against his wife being a co-signatory.
While I have no objection to conditions that protect the public from future defalcations, I wonder if the court truly believes that the lawyer has demonstated “that he is competent and morally fit to resume the practice of law” in light of these permanent requirements. (Mike Frisch)