Opinion
A23-0820
08-17-2023
IN RE Petition for DISCIPLINARY ACTION AGAINST Jeremy J. KASCHINSKE, a Minnesota Attorney, Registration No. 0391592.
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Jeremy J. Kaschinske has committed professional misconduct warranting public discipline—namely, across several client matters, failing to competently and diligently handle clients’ matters, failing to communicate with and respond to communications from clients including failing to inform clients of the existence of plea offers, failing to provide clients with information sufficient to permit them to make informed decisions as to their matters, failing to attend two court hearings with a client without notification or reasonable explanation and failing to expedite that client's matter, disclosing to opposing counsel a client's confidential communication without authorization, making a knowingly false statement to a client about the status of the client's matter, and failing to competently represent a client. See Minn. R. Prof. Conduct 1.1, 1.3, 1.4(a)(2), 1.4(a)(3), 1.4(a)(4), 1.4(b), 1.6(a), 3.2, 4.1, 8.4(c), and 8.4(d). As mitigation of his passive misconduct, respondent produced evidence that, during the period of his misconduct, he suffered from serious health issues which affected his mental acuity, motivation, and physical well-being and impaired his ability to handle client matters competently and diligently. Respondent is not currently engaged in the practice of law and has no present intention to reengage in the practice of law.
Respondent and the Director have entered into a stipulation for discipline. In it, respondent waives his right to answer, unconditionally admits the allegations of the petition, and waives his other procedural rights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR). The parties jointly recommended that the appropriate discipline is a 60-day suspension, followed by 2 years of supervised probation upon respondent's reinstatement and reengagement in the practice of law. 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 Jeremy J. Kaschinske is suspended from the practice of law for a minimum of 60 days, effective 14 days from the date of this order.
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, RLPR.
3. Respondent shall be eligible for reinstatement to the practice of law following the expiration of the suspension period provided that, not less than 15 days before the end of the suspension period, respondent files with the Clerk of the Appellate Courts and serves upon the Director an affidavit establishing that he is current in continuing legal education requirements, has complied with Rules 24 and 26, RLPR, and has complied with any other conditions for reinstatement imposed by the court.
4. 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.
5. Before reengaging in the practice of law, respondent shall provide written notice to the Director of his intention to do so. Respondent shall provide as much advance notice to the Director as practicable, and no less than 60 days advance notice.
6. Upon reinstatement and reengagement in the practice of law, respondent shall be placed on probation for a period of 2 years, beginning at the time he resumes the practice of law, 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.
c. Respondent shall be supervised by a licensed Minnesota attorney, appointed by the Director to monitor compliance with the terms of this probation. Respondent shall provide to the Director the names of four attorneys who have agreed to be nominated as respondent's supervisor within 2 weeks after the date that respondent notifies the Director that he intends to reengage in the practice of law. 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, 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 upon request.
d. Respondent shall cooperate fully with the supervisor in the supervisor's 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, most recent activity, next anticipated action, and anticipated closing date. 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 enabling him to maintain a current case list and keep track of the status, deadlines, and next steps in every case.
f. Within 2 weeks of notifying the Director of his intent to reengage in the practice of law, 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. Such office procedures shall outline respondent's specific plans and resources available to him to address any practice-related issues. Respondent shall provide progress reports as requested by the supervisor or the Director.
g. Respondent shall initiate or continue to engage in counseling or other therapy as recommended by his monitoring healthcare team or as otherwise recommended by a counselor, therapist, or healthcare professional. Respondent shall complete all therapy or counseling programming recommended by such healthcare professionals.
h. If, at any time during the period of probation, after giving respondent an opportunity to be heard by the Director, the Director concludes that respondent has violated the conditions of his probation or has engaged in further misconduct, the Director may file a petition for disciplinary action against respondent in the Minnesota Supreme Court without the necessity of submitting the matter to a panel or panel chair. Respondent waives the right to such consideration by the panel or panel chair.
BY THE COURT:
/s/ Natalie E. Hudson
Natalie E. Hudson
Associate Justice