Sanction Doubled

The Minnesota Supreme Court suspended a criminal defense attorney with a record of prior discipline

After an evidentiary hearing, the referee concluded that Eichhorn-Hicks committed professional misconduct by (1) not stating in a written fee agreement that the fee could be subject to a refund; (2) failing to communicate a plea agreement to a client; and (3) signing his client’s name on a medical records release form, falsely signing as a witness to his client’s signature, and then presenting the signed release to a third party. The referee recommended that we suspend Eichhorn-Hicks for a minimum of 60 days, require Eichhorn-Hicks to petition for reinstatement under Rule 18(a)–(d), Rules on Lawyers Professional Responsibility (RLPR), and place Eichhorn-Hicks on probation for 1 year if he is reinstated.

The court held that

the appropriate discipline is an indefinite suspension with no right to petition for reinstatement for 120 days.

The record with the Bar

Respondent Tracy R. Eichhorn-Hicks was admitted to practice law on September 26, 1975, and has practiced predominantly criminal law for most of his career. Eichhorn-Hicks has been disciplined on eight prior occasions for similar, but unrelated, misconduct. He has received four admonitions—in 1994, 2004, and twice in 2005—for violating rules related to trust accounts, diligence, and communication with clients. He has also been placed on private probation twice; publicly reprimanded and placed on probation once, see In re Eichhorn-Hicks (Eichhorn-Hicks I), 767 N.W.2d 20, 21 (Minn. 2009) (order); and suspended from the practice of law for 1 year for violating rules related to trust accounts, temporarily misappropriating funds, and committing other misconduct involving false certification and false statements, see In re Eichhorn-Hicks (Eichhorn-Hicks II), 615 N.W.2d 356, 357 (Minn. 2000) (order).

Sanction

In light of the misconduct here and the aggravating factors present, including that this is the ninth time that Eichhorn-Hicks has been disciplined and that he has previously been disciplined for similar misconduct, we conclude that a 60-day suspension will not adequately protect the public or the judicial system, or deter future misconduct. Instead, based on the specific circumstances of this case, we hold that a 120-day suspension is appropriate.