Not Disbarment

An attorney who had been suspended for at least six months was accused of and admitted additional misconduct including misappropriation. The attorney and disciplinary counsel stipulated to a five year indefinite suspension rather than disbarment. The stipulation was filed with the Minnesota Supreme Court, which raised the question whether the conduct mandated disbarment. The Director of the Office of Lawyers Professional Responsibility (the title for disciplinary counsel in Minnesota) responded that indefinite suspension was appropriate due to (1) “litigation concerns involving problems of proof” (2) partial restitution and (3) the attorney’s “history of depression and anxiety.” The court thereafter accepted the stipulation and ordered a five-year indefinite suspension, effective on entry of the court’s order. (Mike Frisch)