Opinion
A18-1932
05-08-2020
IN RE Petition for DISCIPLINARY ACTION AGAINST Todd Curtis PEARSON, a Minnesota Attorney, Registration No. 0230935.
ORDER
The Director of the Office of Lawyers Professional Responsibility filed a petition for revocation of probation and for further disciplinary action alleging that respondent Todd Curtis Pearson committed professional misconduct warranting public discipline, including: failing to refund unearned fees to a client; non-communication with and false statements to the same client about providing a final invoice and mailing a refund; commingling personal funds (including earned fees that were not timely withdrawn) with client funds in his trust account; failing to cooperate with the Director’s investigation of the client’s complaint; and failure to comply with the terms of his probation; in violation of Minn. R. Prof. Conduct 1.4, 1.15(a), 1.15(b), 1.15(c)(4), 1.16(d), 4.1, 8.1(b), and 8.4(c) ; Rule 25, Rules on Lawyers Professional Responsibility (RLPR); and this court’s orders of December 21, 2016, and December 4, 2017.
By order dated December 30, 2019, the court deemed the allegations in the petition admitted because respondent failed to file an answer to the petition, see Rule 13(b), RLPR, and directed the parties to file memoranda regarding the appropriate discipline to impose in this case. Only the Director filed a memorandum. The Director recommends that the court indefinitely suspend respondent with no right to petition for reinstatement for 1 year.
The court has independently reviewed the file and approves the Director’s recommended discipline.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent Todd Curtis Pearson is indefinitely suspended from the practice of law, effective from the date of filing of this order, with no right to petition for reinstatement for 1 year.
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 and on the satisfaction of continuing legal education requirements pursuant to Rule 18(e), RLPR.
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, RLPR.