From Casetext: Smarter Legal Research

In re Petition for Disciplinary Action against Lennington

STATE OF MINNESOTA IN SUPREME COURT
Sep 22, 2020
948 N.W.2d 685 (Minn. 2020)

Opinion

A20-0630

09-22-2020

IN RE Petition for DISCIPLINARY ACTION AGAINST Peter Gilbert LENNINGTON, a Minnesota Attorney, Registration No. 0223311.


ORDER

The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action and a supplementary petition alleging that respondent Peter Gilbert Lennington has committed professional misconduct warranting public discipline, namely, engaging in a pattern of client-related misconduct impacting eight clients that involved neglect, non-communication, failing to clarify a fee, failing to deposit advance fee payments and a filing fee into trust, failing to refund or timely refund unearned fees and a filing fee, charging an unreasonable fee, and failing to return original documents to clients; and failing to cooperate in disciplinary investigations. See Minn. R. Prof. Conduct 1.1, 1.3, 1.4(a)(3), 1.4(a)(4), 1.5(a), 1.5(b), 1.15(a), 1.15(c)(4), 1.15(c)(5), 1.16(d), 8.1(b).

Respondent and the Director have entered into a stipulation for discipline. In it, respondent withdraws his previously filed answers, unconditionally admits the allegations of the petition and the supplementary petition, and waives his procedural rights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR). Respondent also agrees to refund unearned fees to four clients listed in the stipulation for discipline. The parties jointly recommend that the appropriate discipline is an indefinite suspension with no right to petition for reinstatement for 6 months and that respondent's reinstatement be conditioned on having refunded the unearned fees to the four clients listed in the stipulation for discipline.

The court has independently reviewed the file and approves the recommended disposition.

Based upon all the files, records, and proceedings herein,

IT IS HEREBY ORDERED THAT:

1. Respondent Peter Gilbert Lennington 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 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 State Board of Law Examiners on the subject of professional responsibility, see Rule 18(e)(2), RLPR ; satisfaction of continuing legal education requirements, see Rule 18(e)(4), RLPR ; and payment of the refunds of unearned fees to the four clients listed in the stipulation for discipline.

3. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals), and shall notify the Senior Linkage Age Line of his suspension and ask them to take his name off of their roster of attorneys.

4. Respondent shall pay $900 in costs under Rule 24, RLPR.


Summaries of

In re Petition for Disciplinary Action against Lennington

STATE OF MINNESOTA IN SUPREME COURT
Sep 22, 2020
948 N.W.2d 685 (Minn. 2020)
Case details for

In re Petition for Disciplinary Action against Lennington

Case Details

Full title:In re Petition for Disciplinary Action against Peter Gilbert Lennington, a…

Court:STATE OF MINNESOTA IN SUPREME COURT

Date published: Sep 22, 2020

Citations

948 N.W.2d 685 (Minn. 2020)

Citing Cases

In re Lennington

Effective October 6, 2020, we suspended Lennington for 6 months for engaging in a pattern of client-related…

In re Disciplinary Action against Horst

Were it not for the mitigating factors present, a longer suspension would be appropriate in this case. See In…