Opinion
A22-0244
04-22-2022
IN RE Petition for DISCIPLINARY ACTION AGAINST David A. DICK, a Minnesota Attorney, Registration No. 0245677.
ORDER
The Director of the Office of Lawyers Professional Responsibility filed an amended petition for disciplinary action against respondent David A. Dick after the Arizona Supreme Court suspended him in two proceedings for a total of 90 days. See In re Dick , PDJ 2020-9122, Order at 5 (Ariz. Presiding Disciplinary Judge filed Jan. 26, 2021) (suspending respondent for 30 days, followed by 1 year of probation upon reinstatement); In re Dick , PDJ 2020-9008, Order at 1 (Ariz. Presiding Disciplinary Judge filed May 27, 2020) (suspending respondent for 60 days). Respondent was suspended in Arizona for neglecting a matter, failing to communicate with that client, failing to expedite that matter, being dishonest with that client and the court, and entering into an improper flat fee agreement with that client. Respondent was also suspended for failing to produce copies of his trust account books and records, failing to disburse funds from his trust account, and failing to cooperate in a disciplinary investigation. Respondent's misconduct violated Ariz. R. Sup. Ct. 42, ERs 1.3, 1.4, 1.5, 1.15, 3.2, 8.1(b), 8.4(c), and 8.4(d).
The parties have filed a stipulation for discipline with the court. In it, respondent waives his procedural rights under Rule 12(d), Rules on Lawyers Professional Responsibility (RLPR), and does not contest the two final disciplinary adjudications in Arizona and that those adjudications conclusively establish the misconduct for purposes of this proceeding. The parties jointly recommend that the appropriate discipline is a 90-day suspension, retroactive to January 26, 2021, the date of the most recent Arizona discipline, and that following reinstatement, respondent be placed on probation for 1 year.
The court has independently reviewed the file and approves the jointly recommended disposition.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent David A. Dick is suspended from the practice of law for a minimum of 90 days, retroactive to January 26, 2021.
2. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals).
3. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR.
4. Upon reinstatement to the practice of law, respondent shall be placed on probation for a period of 1 year, upon the following terms and conditions:
a. Respondent shall abide by the Minnesota Rules of Professional Conduct.
b. 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.
5. Respondent is eligible for reinstatement to the practice of law. To be reinstated, respondent must file with the Clerk of the Appellate Courts and serve upon the Director an affidavit establishing that he is current in continuing legal education requirements, has complied with Rules 24 and 26, RLPR, has paid his attorney registration fee, and has complied with any other conditions for reinstatement imposed by the court.
6. Within 1 year of the date of this order, respondent shall file with the Clerk of the Appellate Courts and serve upon the Director proof of 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. See Rule 4.A.(5), Rules for Admission to the Bar (requiring evidence that an applicant has successfully completed the Multistate Professional Responsibility Examination). Failure to timely file the required documentation shall result in automatic suspension, as provided in Rule 18(e)(3), RLPR.