Opinion
A19-1932
02-11-2020
IN RE Petition for DISCIPLINARY ACTION AGAINST D. Gregory MULLIGAN, a Minnesota Attorney, Registration No. 0203592.
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed an amended petition for disciplinary action alleging that respondent D. Gregory Mulligan has committed professional misconduct warranting public discipline—namely, representing clients when a potential, non-waivable conflict of interest existed, failing to deposit advance fees into trust, failing to timely refund unearned advance fees, ineffectively representing a client in a criminal manner, failing to disclose to an unrepresented person that his client’s interests were adverse to those of the unrepresented person, failing to comply with discovery obligations, failing to provide the client with a copy of the file, and entering into a business transaction with a client without making the proper disclosures. See Minn. R. Prof. Conduct 1.1, 1.3, 1.4(a)(4), 1.4(b), 1.7(a)(2), 1.8(a)(2), 1.15(c)(4), 1.15(c)(5), 1.16(d), 3.4(c), 4.3(b), 8.4(d).
Respondent and the Director have entered into a stipulation for filing an amended petition for disciplinary action and for discipline. In it, respondent unconditionally admits the allegations in the amended petition. The parties jointly recommend that the appropriate discipline is a 30-day suspension, retroactive to January 13, 2020, and 2 years of supervised 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 D. Gregory Mulligan is suspended from the practice of law for a minimum of 30 days, retroactive to January 13, 2020.
2. Respondent shall pay $900 in costs pursuant to Rule 24, Rules on Lawyers Professional Responsibility (RLPR).
3. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals).
4. Respondent shall be eligible for reinstatement to the practice of law following the expiration of the suspension period provided that 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.
5. By December 20, 2020, 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. Failure to timely file the required documentation shall result in automatic suspension, as provided in Rule 18(e)(3), RLPR.
6. Following reinstatement, respondent shall be placed on probation for 2 years, upon the following terms and conditions:
a. 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.
b. Respondent shall abide by the Minnesota Rules of Professional Conduct.
c. 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 of the date of this order, 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, the respondent shall on the first day of each month provide the Director with an inventory of active client files described in paragraph d. below. Respondent shall make active client files available to the Director on request.
d. 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 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.
e. 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 which respondent is handling, and which will ensure that respondent regularly reviews each and every file and completes legal matters on a timely basis.
f. Within 30 days of the date of this order, 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.
g. Respondent shall complete a minimum of 2 hours of continuing legal education credits or other training/shadowing per month related to criminal law or criminal procedure.
h. If, after giving respondent an opportunity to be heard by the Director, the Director concludes that respondent has violated the conditions of probation or engaged in further misconduct, the Director may file a petition for disciplinary action against respondent without the necessity of submitting the matter to a panel or panel chair.