Opinion
A21-0783
11-23-2021
IN RE Petition for DISCIPLINARY ACTION AGAINST Daniel R. TROST, a Minnesota Attorney, Registration No. 0154063.
ORDER
The Director of the Office of Lawyers Professional Responsibility filed a petition for disciplinary action alleging that respondent Daniel R. Trost committed professional misconduct warranting public discipline, namely, failure to maintain trust account books and records, use of a trust account as a personal account, and failure to cooperate with a disciplinary investigation. See Minn. R. Prof. Conduct 1.15(a), 1.15(h), as interpreted by Appendix 1, 8.1(b); Rule 25(a), Rules on Lawyers Professional Responsibility (RLPR). Respondent did not respond to the petition. On September 2, 2021, we deemed the allegations in the petition admitted. See Rule 13(b), RLPR. The parties were invited to submit memoranda on the appropriate discipline to be imposed; however, only the Director filed a memorandum on the issue of the appropriate discipline.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent Daniel R. Trost is indefinitely suspended from the practice of law, effective 14 days from the date of the filing of this order, with no right to petition for reinstatement for 6 months.
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, see Rule 18(e)(2), RLPR ; see also Rule 4.A.(5), Rules for Admission to the Bar (requiring evidence that an applicant has successfully completed the Multistate Professional Responsibility Examination); and satisfaction of continuing legal education requirements, see Rule 18(e)(4), 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.