Opinion
A20-1649
02-12-2021
IN RE Petition for DISCIPLINARY ACTION AGAINST Ryan Blair MAGNUS, a Minnesota Attorney, Registration No. 0298979.
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Ryan Blair Magnus has committed professional misconduct warranting public discipline—namely, a felony conviction for fifth-degree possession of a controlled substance, and repeatedly violating his court-ordered conditions of probation. See Minn. R. Prof. Conduct 3.4(c), 8.4(b), and 8.4(d). Respondent also failed to act with reasonable diligence and promptness in the representation of client matters, failed to communicate with his client and the court that he was unable to attend a scheduled evidentiary hearing, failed to inform his client of appellate options, failed to withdraw from representing a client when he was unavailable for a period of time material to his client's representation, inappropriately described a fee as "nonrefundable," deposited advanced filing fees in his business account absent a compliant fee agreement, failed to promptly refund unearned fees, failed to document cash payments with a receipt countersigned by the payor, and failed to cooperate with the Director's disciplinary investigation. See Minn. R. Prof. Conduct 1.3, 1.4(a)(3), 1.5(b)(3), 1.15(c)(4), 1.15(c)(5), 1.15(h) and Appendix 1 1.6., 1.16(a)(2), 1.16(d), 8.1(b), and 8.4(d), and Rule 25, Rules on Lawyers Professional Responsibility (RLPR).
Respondent and the Director have entered into a stipulation for discipline. In it, respondent waives his rights under Rule 14, RLPR, and unconditionally admits the allegations in the petition. The parties jointly recommend that the appropriate discipline is a 60-day suspension and supervised probation for the duration of his criminal probation.
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 Ryan Blair Magnus 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 pay $900 in costs pursuant to Rule 24, RLPR.
3. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals).
4. Upon reinstatement to the practice of law, respondent shall be placed on supervised probation for a period coextensive with respondent's criminal probation in State v. Magnus , Court File No. 07-CR-18-501, 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 abide by the terms of probation imposed in State v. Magnus , Court File No. 07-CR-18-501. Within 30 days from the filing of this court's order reinstating respondent to the practice of law, respondent shall execute a release of information authorizing his probation agent to communicate with the Director's Office.
d. Respondent shall be supervised by a licensed Minnesota attorney, appointed by the Director to monitor compliance with the terms of this probation. Within 2 weeks from the date of this court's order reinstating respondent to the practice of law, respondent shall provide to the Director the names of four attorneys who have agreed to be nominated as respondent's supervisor. 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, as described in paragraph e. below. Respondent shall
make active client files available to the Director upon request.
e. Respondent shall cooperate fully with the supervisor in his/her efforts to monitor compliance with this probation. Respondent shall contact the supervisor and schedule a minimum of one in-person meeting (which may be conducted through the use of such electronic means as Zoom, Skype, or the like, if social distancing requirements are still in effect) 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, type of fee charged, 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.
f. In the event respondent is retained to handle any matters of a client in a pending commitment matter or a client subject to a commitment order, respondent shall within 10 days of the retention provide the supervisor with a copy of the written retainer agreement. Respondent shall provide the supervisor with a separate file inventory for these matters and keep the supervisor advised of respondent's progress in completing them.
g. Respondent shall initiate and maintain office procedures which ensure that there are prompt responses to correspondence, telephone calls, and other important communications from clients, courts, and other persons interested in matters that respondent is handling, and which will ensure that respondent regularly reviews each and every file and completes legal matters on a timely basis.
h. Within 30 days from the filing of this court's order reinstating respondent to 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. Respondent shall provide progress reports as requested.
i. Respondent shall maintain total abstinence from alcohol and other mood-altering chemicals, except that respondent may use prescription drugs in accordance with the directions of a prescribing physician who is fully advised of respondent's chemical dependency before issuing the prescription.
j. Respondent agrees to undergo a chemical dependency evaluation by a treatment center acceptable to the Director within 30 days from the filing of this order, and to follow all recommendations of the evaluating treatment center.
k. Respondent agrees to undergo a mental health evaluation by a facility acceptable to the Director within 30 days from the filing of this order and to follow all recommendations of the mental health evaluation.
l. Respondent shall attend weekly meetings of Alcoholics Anonymous or other abstinence-based recovery support group or program acceptable to the Director. Respondent shall, by the tenth day of each month, without a specific reminder or request, submit to the Director, on a form provided by the Director, an attendance verification that provides the name, address, and telephone number of the person personally verifying the attendance. Such attendance verification shall also, upon request,
be provided to respondent's supervisor, if any.
m. Respondent shall, at his own expense, no more than four times per month, submit to random urinalysis for drug screening at a facility approved by the Director and shall direct the drug screening facility to provide the results of all urinalysis testing to the Director's Office. If, after 6 months, all such tests have been negative, then the frequency of the random tests may be reduced. Respondent shall cooperate with the phone-in program established by the Director for the random tests. Any failure to phone-in in accordance with the random test program shall be considered the same as receipt of a positive test result. Any positive test result will be grounds for revoking this probation.
5. 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.
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.