Opinion
A20-0746
07-06-2020
IN RE Petition for DISCIPLINARY ACTION AGAINST Rolf T. NELSON, a Minnesota Attorney, Registration No. 0078189.
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Rolf T. Nelson has committed professional misconduct warranting public discipline—namely, failing to clearly communicate and articulate the basis and rate of an attorney fee to his client, attempting to collect an unreasonable fee, failing to safeguard client funds, failing to properly obtain informed consent to dual representation, failing to reasonably consult with a client about the means by which the client's objectives were to be accomplished, failing to explain a matter so his client could make an informed decision regarding the representation, failing to supervise a non-attorney assistant, and failing to promptly issue a refund of attorney fees. See Minn. R. Prof. Conduct 1.4(a)(1), 1.4(a)(2), 1.4(b), 1.5(a), 1.5(b), 1.5(b)(3), 1.15(a), 1.15(c)(4), 1.15(c)(5), 5.3(a), and 5.3(b).
Respondent and the Director have entered into a stipulation for discipline. In it, respondent waives his procedural rights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR), and unconditionally admits the allegations of the petition. The parties jointly recommend that the appropriate discipline is a public reprimand followed by 2 years of supervised probation.
This court has independently reviewed the file and approves the jointly recommended disposition.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent Rolf T. Nelson is publicly reprimanded.
2. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR.
3. Respondent is placed on supervised probation for 2 years, subject to the following terms and conditions:
a. Respondent agrees to retire from the practice of law by no later than 14 days from the date of this order. Within that time, respondent shall change his lawyer registration status to "Inactive Status–Retired" and provide the Director with confirmation thereof. Respondent shall also provide the Director with confirmation that any active client file has either been completed, returned to the client, or, with the client's permission, referred to another attorney. This documentation
shall be provided to the Director within 14 days from the date of this order.
b. Should respondent thereafter change his lawyer registration status to any active status, this supervised probation shall commence on the date respondent changes his lawyer registration status. Respondent shall notify the Director of any such change in his lawyer registration status within 5 business days.
c. 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.
d. Respondent shall abide by the Minnesota Rules of Professional Conduct.
e. If respondent reactivates his law license, he shall be supervised by a licensed Minnesota attorney, appointed by the Director to monitor compliance with the terms of this probation. Upon reactivation of his law license, within 5 days 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 f. below. Respondent shall make active client files available to the Director on request.
f. 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, 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.
g. In the event respondent is retained to handle any probate matters, or any other matters concerning or related to the estates of decedents or incompetents, respondent shall within 10 days provide the supervisor with a copy of the written retainer agreement. Respondent shall provide the supervisor with a separate file inventory for these probate matters and keep the supervisor advised of respondent's progress in completing them.
h. 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, completes legal matters on a timely basis, and properly supervises any non-attorney working under his direction.
i. If respondent reactivates his law license, within 30 days from the date of reactivation, 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.