Opinion
A19-1117
02-13-2020
In re Petition for Disciplinary Action against Joseph Kaminsky, a Minnesota Attorney, Registration No. 0053351.
ORDER
In a December 17, 2019 order, we suspended respondent Joseph Kaminsky for a minimum of 30 days. In re Kaminsky, 936 N.W.2d 476, 476 (Minn. 2019) (order). We expressly conditioned respondent's reinstatement on the filing of an affidavit "establishing that he . . . has repaid all unearned fees to S.L." Id.
Respondent filed an affidavit seeking reinstatement. We denied respondent's request to be reinstated because he had not established that he had repaid all unearned fees to S.L. In re Kaminsky, A19-1117, Order at 2 (Minn. filed January 30, 2020). Our denial was without prejudice, and we permitted respondent to file an additional affidavit demonstrating that he has repaid all unearned fees to S.L. Id.
Respondent filed an additional affidavit stating that he has repaid all unearned fees to S.L. The Director has filed a letter indicating that she "believes [respondent] has made a good faith effort to calculate and return any unearned fees to S.L."
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent Joseph Kaminsky is conditionally reinstated to the practice of law in the State of Minnesota, subject to his successful completion of the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility, and is placed on probation for 2 years, subject to the following conditions:
a. Respondent shall cooperate fully with the Director's Office in its efforts to monitor compliance with this probation. Respondent shall promptly respond to the Director's correspondence by its due date. Respondent shall provide to the Director a current mailing address and shall immediately notify the Director of any change of address. Respondent shall cooperate with the Director's investigation of any allegations of unprofessional conduct that may come to the Director's attention. Upon the Director's request, respondent shall provide authorization for release of information and documentation to verify compliance with the terms of this probation.
b. Respondent shall abide by the Minnesota Rules of Professional Conduct.
c. Respondent shall be supervised by a licensed Minnesota attorney, appointed by the Director to monitor compliance with the terms of this probation. Within 2 weeks of the date of this order, respondent shall provide to the Director the names of four attorneys who have agreed to be nominated as respondent's supervisor. If, after diligent effort, respondent is unable to locate a supervisor acceptable to the Director, the Director will seek to appoint a supervisor. Until a supervisor has signed a consent to supervise, the respondent shall on the first day of each month provide the Director with an inventory of active client files described in paragraph d. below. Respondent shall make active client files available to the Director on request.
d. Respondent shall cooperate fully with the supervisor in his/her efforts to monitor compliance with this probation. Respondent shall contact the supervisor and schedule a minimum of one in-person meeting per calendar quarter. Respondent shall submit to the supervisor an inventory of all active client files by the first day of each month during the probation. With respect to each active file, the inventory shall disclose the client name, type of representation, date opened, type of fee charged, most recent activity, next anticipated action, and anticipated closing date. In any file in which respondent has charged a fee described in Minn.
R. Prof. Conduct 1.5(b)(1), respondent shall provide a copy of the written fee agreement signed by the client. Respondent's supervisor shall file written reports with the Director at least quarterly, or at such more frequent intervals as may reasonably be requested by the Director.
e. Respondent shall initiate and maintain office procedures which ensure that there are prompt responses to correspondence, telephone calls, and other important communications from clients, courts, and other persons interested in matters which respondent is handling, and which will ensure that respondent regularly reviews each and every file and completes legal matters on a timely basis.
f. Within 30 days of the date of this order, respondent shall provide to the Director and to the probation supervisor, if any, a written plan outlining office procedures designed to ensure that respondent is in compliance with probation requirements. Respondent shall provide progress reports as requested.
2. By December 17, 2020, respondent shall comply with Rule 18(e)(3), Rules on Lawyers Professional Responsibility (RLPR), by filing with the Clerk of the Appellate Courts and serving upon the Director proof of respondent's successful completion of the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility. Failure to do so shall result in automatic suspension pending proof of successful completion of the examination, under Rule 18(e)(3), RLPR.
Dated: February 13, 2020
BY THE COURT:
/s/
Lorie S. Gildea
Chief Justice
MCKEIG, J., took no part in the consideration or decision of this case.