Opinion
A21-0339
09-12-2022
IN RE Petition for DISCIPLINARY ACTION AGAINST Jason Alexander NIELSON, a Minnesota Attorney, Registration No. 0395101.
ORDER
In a July 13, 2022 opinion, we suspended respondent Jason Alexander Nielson from the practice of law for a minimum of 30 days, effective 14 days from the date of the opinion.
Respondent has filed an affidavit seeking reinstatement in which he states that he has complied with the terms of our opinion regarding reinstatement, 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. Effective as of the date of this order, respondent Jason Alexander Nielson is reinstated to the practice of law.
2. Respondent is placed on probation for a period of 1 year, subject to 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, most recent activity, next anticipated action, and next court appearance 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 for supervision of non-lawyer staff to ensure that their conduct is compatible with his professional obligations.
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 the probation requirements. Respondent shall provide progress reports as requested.
3. By July 13, 2023, 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. See Rule 4.A.(5), Rules for Admission to the Bar (requiring evidence than an applicant has successfully completed the Multistate Professional Responsibility Examination). 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.
BY THE COURT:
/s/ __________
Natalie E. Hudson
Associate Justice