Beyond Incivility

The Minnesota Supreme Court accepted findings of misconduct but rejected a proposed censure in favor of a 60-day  suspension of an attorney who

made false statements, disobeyed a court order, acted belligerently toward a judge and court staff, engaged in conduct prejudicial to the administration of justice, and used a retainer agreement that required a client to pay a nonrefundable flat fee.

The court recounts the incidents of turbulent behavior and notes that the attorney has no prior discipline

The bulk of the referee’s findings of misconduct follow a central theme: Torgerson lacked professionalism in dealing with judges, court staff, and other attorneys. She also repeatedly made knowingly false statements in several matters. Contrary to Torgerson’s view of her own conduct, her actions went far beyond a lack of civility. The “bounds of proper professional behavior,” we have said, require that, at minimum, attorneys “comply with court rules and orders, develop a courteous and civil rapport with opposing counsel, and maintain respect for the bench.” In re Jensen, 468 N.W.2d 541, 545 (Minn. 1991). Moreover, “making misrepresentations demonstrates a lack of honesty and integrity, and warrants severe discipline.” In re Lundeen, 811 N.W.2d 602, 608 (Minn. 2012)…

Torgerson’s misconduct wasted judicial resources and potentially harmed her clients. Her refusal to return to court in the K.B. matter required a jury to reconvene unnecessarily for another day of court, and her outbursts and unsubstantiated filings consumed the valuable time and energy of judges and court staff. As we have recognized, “[a]n attorney does not advance the client’s cause . . . by making unfounded allegations about the judge’s decision-making process. Here, [Torgerson’s] verbal and written attacks on the judiciary and its personnel only could have harmed [her] client.” Jensen, 468 N.W.2d at 546. Moreover, Torgerson’s unprofessional actions and demeanor “reflect adversely on the bar, and are destructive of public confidence in the legal profession.” In re Shaughnessy, 467 N.W.2d 620, 621 (Minn. 1991).

Thus suspension. (Mike Frisch)