Opinion
A22-1701
06-06-2023
IN RE Petition for DISCIPLINARY ACTION AGAINST Darrell G. CARTER, a Minnesota Attorney, Registration No. 0197026.
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action and a supplementary petition for disciplinary action alleging that respondent Darrell G. Carter has committed professional misconduct warranting public discipline—namely, utilizing a fee agreement containing prohibited language, failing to deposit and maintain in trust unearned client funds in three matters, failing to explain the basis and rate of the fee to a client, failing to provide two clients an account of his use of their legal fees, failing to communicate with three clients, failing to comply with court orders pertaining to discovery in two matters, failing to diligently represent four clients, failing to expedite litigation in three matters, engaging in an improper ex parte communication with a court, failing to clarify his role when dealing with an unrepresented party, making derogatory statements about an opposing party that had no relevance to the matter, revealing a prospective client's confidential information without authorization, representing a client despite a conflict of interest with a prospective client, failing to promptly return a client's file upon request, failing to obtain receipts countersigned by the payor for cash payments of legal fees, being convicted of gross-misdemeanor test-refusal, seeking to contact and making a statement implying an ability to influence a government official in the context of his arrest for driving while impaired, failing to appear at two court hearings, engaging in conduct prejudicial to the administration of justice, knowingly making false statements to a client, an unrepresented party, and the Director, and failing to cooperate and to fully cooperate with disciplinary investigations. See Minn. R. Prof. Conduct 1.3, 1.4(a)(3), 1.4(a)(4), 1.4(b), 1.5(b), 1.15(a), 1.15(c)(3), 1.15(c)(4), 1.15(c)(5), 1.15(h), as interpreted by Appendix 1, 1.16(d), 1.18(b), 1.18(c), 3.2, 3.4(c), 3.5(g), 4.1, 4.3(c), 4.4(a), 8.1(a), 8.1(b), 8.4(b), 8.4(c), 8.4(d), 8.4(e); Rule 25, Rules on Lawyers Professional Responsibility (RLPR).
This matter is presently before us on the parties’ stipulation for discipline. In it, respondent withdraws his answer to the petition, waives his right to answer the petition and the supplementary petition, waives his procedural rights under Rule 14, RLPR, and unconditionally admits the allegations of the petition and supplementary petition. The parties recommend that the appropriate discipline is a 6-month suspension.
We have independently reviewed the file and approve the jointly recommended disposition.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT: 1. Respondent Darrell G. Carter is suspended from the practice of law, effective 14 days from the date of this order, with no right to petition for reinstatement for 6 months.
2. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals), and shall pay $900 in costs under Rule 24(a), RLPR.
3. Respondent may petition for reinstatement under Rule 18(a)–(d), RLPR. Reinstatement is conditioned on successful completion of the written examination required for admission to the practice of law by the Minnesota State Board of Law Examiners on the subject of professional responsibility, see Rule 18(e)(2), RLPR ; see also Rule 4.A.(5), Rules for Admission to the Bar (requiring evidence that an applicant has successfully completed the Multistate Professional Responsibility Examination); and satisfaction of continuing legal education requirements, see Rule 18(e)(4), RLPR.
BY THE COURT:
/s/ Natalie E. Hudson
Natalie E. Hudson
Associate Justice