Reprimand For Driving And Withdrawal Violations

The Minnesota Supreme Court has publicly reprimanded an attorney

The facts underlying the first count of the petition are as follows. Respondent was convicted of criminal vehicular operation resulting in bodily harm while having an alcohol concentration of .08 or more within 2 hours of driving under Minnesota Statutes section 609.2113, subdivision 3(4) (2022)—a gross misdemeanor offense. See Minn. R. Prof. Conduct 8.4(b). Respondent received a stay of imposition, and his successful completion of probation will result in a misdemeanor conviction. Respondent was sentenced to 16 days in jail and 14 days of home detention/electronic monitoring or work release and was placed on probation for 3 years, effective March 16, 2023. This sentence means that if respondent is not discharged early from his criminal probation, it will expire on March 16, 2026.

The second count of the petition involves a separate matter. While representing a client in a criminal case, respondent disclosed information not reasonably necessary to support respondent’s motion to withdraw from that representation, failed to obtain a receipt countersigned by the payor for a cash payment, and failed to deposit unearned funds into a trust account absent a compliant flat fee agreement. See Minn. R. Prof. Conduct 1.6(a), 1.15(c)(5), and 1.15(h), as interpreted by Appendix 1 thereto.

(Mike Frisch)