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In re Petition for Disciplinary Action Against Mulligan

STATE OF MINNESOTA IN SUPREME COURT
Mar 25, 2020
942 N.W.2d 135 (Minn. 2020)

Opinion

A19-1932

03-25-2020

IN RE Petition for DISCIPLINARY ACTION AGAINST D. Gregory MULLIGAN , a Minnesota Attorney, Registration No. 0203592.


ORDER

We suspended respondent D. Gregory Mulligan from the practice of law for a minimum of 30 days, retroactive to January 13, 2020. Respondent has filed an affidavit seeking reinstatement in which he states that he has fully complied with the terms of the suspension order, except for 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. The Director of the Office of Lawyers Professional Responsibility does not oppose the request.

Based upon all the files, records, and proceedings herein,

IT IS HEREBY ORDERED THAT:

1. Respondent D. Gregory Mulligan is conditionally reinstated to the practice of law in the State of Minnesota, subject to his 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, and is placed on probation for 2 years, subject to the following 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.

2. By December 20, 2020, respondent shall file with the Clerk of the Appellate Courts and serve upon the Director proof of respondent’s 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 do so shall result in automatic suspension, pending proof of successful completion of the examination, under Rule 18(e)(3), Rules on Lawyers Professional Responsibility.


Summaries of

In re Petition for Disciplinary Action Against Mulligan

STATE OF MINNESOTA IN SUPREME COURT
Mar 25, 2020
942 N.W.2d 135 (Minn. 2020)
Case details for

In re Petition for Disciplinary Action Against Mulligan

Case Details

Full title:In re Petition for Disciplinary Action against D. Gregory Mulligan, a…

Court:STATE OF MINNESOTA IN SUPREME COURT

Date published: Mar 25, 2020

Citations

942 N.W.2d 135 (Minn. 2020)

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In re Mulligan

Following a suspension, we conditionally reinstated respondent D. Gregory Mulligan to the practice of law on…