Opinion
A19-0501
10-17-2019
IN RE Petition for DISCIPLINARY ACTION AGAINST Daniel S. MILLER, a Minnesota Attorney, Registration No. 0125544.
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Daniel S. Miller has committed professional misconduct warranting public discipline, namely, engaging in false and unreasonable billing in probate matters which resulted in a court ordering him to repay an estate, incompetently handling probate matters, lack of diligence in matters, failing to communicate with clients, failing to return a client’s file, making false statements to a tribunal and a client, failing to disclose material facts to a tribunal, failing to comply with court orders and rules, and failing to cooperate with the Director. See Minn. R. Prof. Conduct 1.1, 1.3, 1.4(a)(3), 1.4(a)(4), 1.5(a), 1.15(c)(4), 3.2, 3.3(a)(1), 3.4(c), 4.1, 8.1(b), 8.4(c), 8.4(d) ; Rule 25, Rules on Lawyers Professional Responsibility (RLPR).
Respondent and the Director have entered into a stipulation for discipline. In it, respondent withdraws his previously filed answer, unconditionally admits the allegations of the petition, and waives his procedural rights under Rule 14, RLPR. The parties jointly recommend that the appropriate discipline is an indefinite suspension with no right to petition for reinstatement for 6 months.
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. Respondent Daniel S. Miller 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 6 months.
2. 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, satisfaction of continuing legal education requirements, see Rule 18(e)(4), RLPR, and compliance with the June 4, 2018 order in the J.J.L. estate matter requiring respondent to reimburse the estate.
3. 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.