When determining the discipline to be imposed for attorney misconduct, this court accords great weight to the referee's recommendations; however, we are ultimately responsible for determining the appropriate sanction. In re Hartke, 529 N.W.2d 678, 683 (Minn. 1995). In making that determination, this court weighs the nature of the misconduct; the cumulative weight of the disciplinary violations; harm to the public; and harm to the legal profession.
Therefore, we uphold the referee's finding that Moeller directed the forgery. In Re Hartke, 529 N.W.2d 678, 679-80 (Minn. 1995). The referee's findings as to the second forgery are supported by circumstantial evidence.
[R]espondent's adamant stance against voluntary payment of valid debts, especially when such obligations were for goods and services used in respondent's law practice, "reflects adversely on his commitment to the rights of others, thereby reflecting adversely on his fitness for the practice of law."Id. at 348 (citation omitted); see also In re Haugen, 543 N.W.2d 372, 375 (Minn. 1996) (concluding that failure to timely pay court reporter fees is unprofessional conduct); In re Hartke, 529 N.W.2d 678, 683 (Minn. 1995) (concluding that failure to satisfy a fee arbitration award until two months after an ethics complaint was filed — and after a check was returned for insufficient funds — violated Minn.R.Prof.Conduct 8.4(d)); In re Ruffenach, 486 N.W.2d 387, 390 (Minn.
In re Pokorny, 453 N.W.2d at 348 (internal quotations and citations omitted). See also In re Stanbury, 561 N.W.2d at 510-11 (sanctioning attorney for refusal to pay law library charges and court filing fee); In re Haugen, 543 N.W.2d 372, 375 (Minn. 1996) (sanctioning attorney for failure to timely pay court reporter fees); In re Hartke, 529 N.W.2d 678, 683 (Minn. 1995) (sanctioning attorney for failure to promptly satisfy a fee arbitration award); In re Ruffenach, 486 N.W.2d 387, 390 (Minn. 1992) (sanctioning attorney for failure to voluntarily pay legal malpractice judgment).
In re Florida Bar Re Amendments to Rules Regulating the Florida Bar, 635 So.2d 968 (Fl. 1994) (A lawyer's gift to a client for basic needs without expectation of repayment does not violate the rules. Florida Bar. v. Taylor, 648 So.2d 1190 (Fl. 1995)); In re Reed, 599 N.E.2d 601 (Ind. 1992);Curtis v. Kentucky Bar Ass'n, 959 S.W.2d 94 (Ky. 1998); Attorney Grievance Comm'n of Md. v. Eisenstein, 635 A.2d 1327 (Md. 1994); In re Discipline of Hartke, 529 N.W.2d 678 (Minn. 1995); Mississippi Bar v. Attorney HH, 671 So.2d 1293 (Miss. 1995), withdrawn, substitute opinion, reh'g denied, 1996 Miss. LEXIS 75 (Miss. 1996) (opinion substantially unchanged; imposing private reprimand) (Rule was amended in 1999 to explicitly allow advances for "[r]easonable and necessary living expenses." Attorney AAA v. Mississippi Bar, 735 So.2d 294 (Miss.
In addition, the attorney's disciplinary history is relevant. See In re Hartke, 529 N.W.2d 678, 683 (Minn. 1995). We have said that we "`expect a renewed commitment to comprehensive ethical and professional behavior' after a disciplinary proceeding, and `[w]here leniency has been shown once, we are reluctant to do so again.'"
In particular, this court "accords deference to a referee's findings when they are based on conflicting testimony or in part on a respondent's demeanor, credibility, or sincerity." In re Hartke, 529 N.W.2d 678, 679-80 (Minn. 1995). Upon review of the record before us, we conclude that the referee's findings as to Hanvik's remorse, pro bono work, and volunteer activities, are adequately supported by the record.
1987).In re Hartke, 529 N.W.2d 678, 679-80 (Minn. 1995).In re Strid, 551 N.W.2d 212, 215 (Minn. 1996) (quoting Gjovik v. Strope, 401 N.W.2d 664, 667 (Minn.
However, the final responsibility for determining the appropriate discipline for attorney misconduct rests solely with this court. In re Hartke, 529 N.W.2d 678, 683 (Minn. 1995). Thus, in this case, we consider the referee's factual findings to determine whether they are clearly erroneous and we examine the recommended discipline to determine if it is appropriate, in light of the nature of the misconduct, the cumulative weight of the disciplinary rule violations, the potential harm to the public, and the harm to the legal profession.
We accord great weight to the referee's recommendation; however, this court is ultimately responsible for determining the appropriate sanction. In re Hartke, 529 N.W.2d 678, 683 (Minn. 1995). The misconduct found by the referee in this case would normally warrant suspension.