Opinion
A20-0151
10-30-2020
IN RE Petition for DISCIPLINARY ACTION AGAINST Matthew David MCCOLLISTER, a Minnesota Attorney, Registration No. 0390048.
ORDER
By order dated March 26, 2019, we suspended respondent Matthew David McCollister from the practice of law, and ordered that upon his reinstatement he be placed on public probation for a period of 2 years. By order dated July 15, 2019, we conditionally reinstated respondent to the practice of law and placed him on public probation for a period of 2 years. The Director of the Office of Lawyers Professional Responsibility has filed a petition for revocation of probation and for further disciplinary action, and a supplementary petition for revocation of probation and for further disciplinary action, alleging that respondent has committed professional misconduct warranting public discipline.
Specifically, respondent failed to competently and diligently handle a client's personal injury claim in Delaware, including permitting the client's personal injury claim to expire under the statute of limitations; and failed to communicate with the client, including failing to convey a settlement offer and to inform the client that the statute of limitations had expired on the client's personal injury claim; in violation of Rules 1.1, 1.3, 1.4(a)(1), 1.4(a)(3), 1.4(a)(4), and 1.4(b), Delaware Lawyers’ Rules of Professional Conduct.
Respondent engaged in a similar pattern of client-related misconduct involving three clients with personal injury claims in Minnesota, including neglect and non-communication, and in particular failing to convey settlement offers to clients, failing to obtain a client's consent to dismiss a petition for arbitration of no-fault benefits and to explain the scope of the representation; and failed to identify in a written contingency fee agreement how costs and expenses would be calculated; in violation of Minn. R. Prof. Conduct 1.1, 1.2(a), 1.3, 1.4(a)(1), 1.4(a)(3), 1.4(a)(4), 1.4(b), and 1.5(c), and the court's probation orders.
In one of the personal injury matters, respondent also failed to obtain informed consent, confirmed in writing, to represent a driver and passenger injured in the same vehicle and his subsequent continued representation of both clients on personal injury claims including a liability claim by the passenger against the driver, after determining the driver was at fault, in violation of Minn. R. Prof. Conduct 1.7(a)(1), 1.7(a)(2), and 1.7(b)(4). Additionally, respondent engaged in the unauthorized practice of law while suspended, made knowingly false statements to the Director during disciplinary investigations, and made knowingly false statements to a client, in violation of Minn. R. Prof. Conduct 4.1, 5.5(a), 8.1(a), 8.4(c), and 8.4(d), and the court's suspension and probation orders.
Respondent and the Director have entered into a stipulation for discipline and an amended stipulation. In the stipulations, the parties agree to correct a scrivener's error in the petition and the amended petition, and respondent 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). The parties jointly recommend that the appropriate discipline is an indefinite suspension with no right to petition for reinstatement for 2 years.
The court has independently reviewed the file and approves the recommended discipline.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Paragraph 35 of the petition and paragraph 58 of the supplementary petition are amended to reference Minn. R. Prof. Conduct 8.1(a), rather than 8.1(b).
2. Respondent Matthew David McCollister 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. 3. Respondent may petition for reinstatement pursuant to 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 ; and satisfaction of continuing legal education requirements, see Rule 18(e)(4), RLPR.
4. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals), and shall pay $900 in costs pursuant to Rule 24(a), RLPR.