Unique Misconduct
Misconduct in two client matters drew a 60-day suspension from the Minnesota Supreme Court
The parties agree that Bosse’s misconduct is unique. Bosse engaged in serious misconduct, including failing to properly communicate with and diligently represent two clients, entering into improper fee agreements with these clients, dishonestly charging one client multiple times for the same work, and making a false statement to one client. But Bosse’s practice involves complex medical malpractice litigation, and he obtained a favorable expert opinion for T.H., prepared and served a complaint for T.H., and obtained an expert opinion, although unfavorable, for D.H. Given all of these considerations, we conclude that a 60-day suspension is appropriate for the misconduct here.
The fee issue
On December 30, 2010, T.H. had coronary artery bypass surgery. Following the surgery, T.H. suffered complications. In May 2013, he consulted with Bosse about a potential medical malpractice claim. Four months later, in September 2013, T.H. and Bosse moved forward with the case. Over the next 2 years, T.H. signed three fee agreements with Bosse: (1) the Flat Fee Agreement, (2) the Availability Fee Contract for Pre-Suit Mediation of Potential Malpractice Claim (Availability Agreement), and (3) the Hourly Retainer/Contingency Fee contract (Hourly Agreement).
Despite the communication issues, Bosse prepared and served the summons and complaint on December 23, 2014, just before the statute of limitations expired on December 31, 2014. T.H. terminated the representation on February 20, 2015, for “[u]nreasonable charges for services rendered.” Bosse then sent T.H. a copy of the client file. T.H. was unable to find another attorney to take his case; in the end, and after paying Bosse more than $50,000 for legal fees and expenses, T.H. agreed to dismiss the litigation.
The referee found
Bosse entered into improper Flat Fee Agreements with both clients, an improper Availability Agreement with T.H., and failed to deposit fees related to these agreements into trust…
(Mike Frisch)