Opinion
A17-1941
01-21-2021
IN RE Petition for DISCIPLINARY ACTION AGAINST David Jason LOHSE, a Minnesota Attorney, Registration No. 0348028.
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 David Jason Lohse has committed professional misconduct warranting public discipline. Namely, the Director has alleged that in one client matter, Lohse misappropriated $900 in client funds, neglected the matter, failed to communicate with the clients, and failed to return the clients’ file and their funds, see Minn. R. Prof. Conduct 1.3, 1.4, 1.15(c)(4), 1.16(d), 8.4(c) ; that in another client matter, he failed to provide an accounting for the clients’ fee, failed to refund unearned fees, failed to return the clients’ file, failed to communicate with the clients, and failed to maintain required trust account books and records, see Minn. R. Prof. Conduct 1.4(a)(4), 1.15(b), 1.15(c)(4), 1.15(h), as interpreted by Appendix 1, 1.16(d); that he violated the terms of a private probation, see Minn. R. Prof. Conduct 8.1(b), 8.4(d) ; Rule 25, Rules on Lawyers Professional Responsibility (RLPR); and that he failed to cooperate with the Director, see Minn. R. Prof. Conduct 8.1(b) ; Rule 25, RLPR.
This matter is presently before us on the parties’ stipulation for discipline. In it, respondent withdraws his previously filed answers and unconditionally admits the allegations of the petition and supplementary petition. The parties recommend that the appropriate discipline is a 2-year suspension and that Lohse's reinstatement be conditioned on paying $900 in restitution to the Client Security Board.
We issued an order directing the parties to file memoranda of law showing cause, if any there be, why respondent should not be disbarred because the parties had "not indicated that any mitigating factors are present, nor have they explained why a suspension, rather than disbarment, is appropriate when respondent's misconduct includes misappropriating client funds." In re Lohse , No. A17-1941, Order at 1–2 (Minn. filed Nov. 23, 2020). We also ordered the parties to address, among other things, whether the court should order Lohse to refund unearned fees to the clients identified in count 4 and condition his reinstatement on refunding these unearned fees. Id. at 2.
The parties have filed their responsive memoranda. They both agree that in light of mitigating factors, a 2-year suspension is the appropriate discipline. The Director contends that Lohse's reinstatement should be conditioned on repaying unearned fees to the clients identified in count 4. Lohse, on the other hand, argues this reinstatement should only be conditioned on repaying any claim that the Client Security Board pays to these clients in the future.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent David Jason Lohse is indefinitely suspended from the practice of law, effective 14 days from the date of this order, with no right to petition for reinstatement for 2 years.
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 pay $900 in restitution to the Client Security Board for the claim paid to the clients identified in count 1 of the petition for disciplinary action and shall refund all unearned fees to the clients identified in count 4 of the supplementary petition for disciplinary action.
4. 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 ; satisfaction of any subrogation claims by the Client Security Board, see id. ; and making all payments and refunds listed in the previous paragraph (paragraph 3).