Opinion
A23-0669
09-28-2023
IN RE Petition for DISCIPLINARY ACTION AGAINST John B. PERSON, a Minnesota Attorney, Registration No. 0296302.
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent John B. Person has committed professional misconduct warranting public discipline. Namely, the Director alleges that in one matter, respondent failed to exhibit the requisite preparedness, thoroughness, and legal knowledge required for the representation; assisted a client to engage in conduct that respondent knew was fraudulent; and made knowingly false and misleading statements in furtherance of that conduct. See Minn. R. Prof. Conduct 1.1, 1.2(d), 4.1, 8.4(a), and 8.4(c). In another matter, the Director alleges respondent failed to communicate his rate and expenses to a client before or within a reasonable time after commencing his representation. See Minn. R. Prof. Conduct 1.5(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 recommend that the appropriate discipline is a 60-day suspension. On June 23, 2023, we ordered the parties to show cause, if any there be, why respondent should not be subjected to more serious discipline, given the nature and scope of the admitted misconduct. The parties timely filed their memoranda.
Among other misconduct, respondent prepared a certificate of trust that deliberately and falsely identified his client—one of two co-trustees of a trust—as empowered to act alone under the trust instrument, in order to transfer property out of the trust without the consent of the other co-trustee. After the client executed the certificate of trust and accompanying trustee's deed, respondent recorded those documents. A lawyer's participation in a client's fraudulent scheme is serious misconduct. See, e.g. , In re Boyd , 430 N.W.2d 663, 663 (Minn. 1988) (6-month suspension where attorney prepared a false deed and caused it to be forged, notarized, and filed, and later issued a false title opinion based on that deed).
In their memoranda, the parties provide additional legal reasoning and factual background to distinguish the misconduct respondent committed from those in which this court has imposed lengthier suspensions. Among other things, the parties emphasize that respondent's dishonest conduct was part of an attempt to protect a vulnerable client and was not motivated by an attempt to secure personal gain for either respondent or his client. And the parties emphasized that respondent has expressed remorse for his misconduct.
We find the parties’ arguments somewhat persuasive. Nevertheless, respondent drafted instruments that he knew contained false information and then recorded those instruments, deliberately and directly harming his client's co-trustee. Respondent acted dishonestly to advance his client's interests, knowing that what he was doing was contrary to applicable law and to the client's fiduciary duties as trustee. A 60-day suspension does not reflect the seriousness of respondent's misconduct and is insufficient to deter such misconduct in the future. Instead, we believe a 4-month suspension is a more appropriate sanction. But the facts and circumstances of this case do not suggest that respondent's overall fitness to practice law is in question. Accordingly, we waive the requirement that respondent petition for reinstatement. See Rule 18(f), RLPR (providing that "any suspended lawyer for whom the Court waives the [petition] requirements ... may apply for reinstatement by filing an affidavit"). Upon reinstatement, respondent shall be placed on unsupervised probation for a period of 2 years.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent John B. Person is suspended from the practice of law for a minimum of 4 months, effective 14 days from the date of this order.
2. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals), and shall pay $900 in costs under Rule 24, RLPR.
3. Respondent shall be eligible for reinstatement to the practice of law following the expiration of the suspension period provided that, not less than 15 days before the end of the suspension period, 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.
4. Within 1 year of the date of this order, 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. See Rule 4.A.(5), Rules for Admission to the Bar (requiring evidence that an applicant has successfully completed the Multistate Professional Responsibility Examination). Failure to timely file the required documentation shall result in automatic suspension, as provided in Rule 18(e)(3), RLPR.
5. Upon reinstatement to the practice of law, respondent shall be placed on probation for 2 years, subject to the following conditions:
a. Respondent shall abide by the Minnesota Rules of Professional Conduct.
b. 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.
c. Respondent shall initiate and maintain office procedures which ensure that respondent has clearly communicated to each client, in writing, before or within a reasonable time after commencing the representation, the scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible.
d. Within 30 days from the filing of the court's order reinstating respondent to the practice of law, respondent shall provide to the Director a written plan outlining office procedures designed to ensure that respondent is in compliance with probation requirements. Respondent shall provide progress reports as requested by the Director.
BY THE COURT:
/s/ Natalie E. Hudson
Natalie E. Hudson
Associate Justice