Disbarred By Default

Disbarment has been imposed by the Minnesota Supreme Court

Lennington’s alleged professional misconduct included misappropriation of client funds in two matters, as well as a pattern of neglect and abandonment of five client matters. The Director also alleged that Lennington committed professional misconduct by holding himself out to practice law while suspended, failing to comply with the terms of the suspension order, and failing to cooperate in four disciplinary investigations. Lennington did not file answers to the petitions. We granted the Director’s motion for summary relief, deemed the allegations admitted, and allowed the parties to submit written proposals regarding the discipline to be imposed. Lennington did not file a memorandum or appear at oral argument. The Director asks us to disbar Lennington. We agree that the appropriate discipline is disbarment.

The attorney was admitted in 1991 and was the subject of a prior six month suspension.

Reprimand and probation was imposed in an unrelated matter involving reciprocal discipline from Arizona

Respondent was disciplined in Arizona for, in his capacity as a prosecutor in 2019, negligently failing to disclose portable breath test (PBT)/horizontal gaze nystagmus (HGN) test results of a testifying witness during a criminal trial. See Rule 42, Ariz. R. Sup. Ct., and in particular Ethical Rules (ERs) 1.1 (competence), 1.3 (diligence), 3.8(d) (special responsibilities of a prosecutor), and 8.4(d) (conduct prejudicial to the administration of justice). As a result of respondent’s misconduct, which the defense discovered after defendant was convicted, the criminal matter was dismissed with prejudice as a sanction.

(Mike Frisch)