Opinion
A21-0413
08-10-2022
IN RE Petition for Reinstatement of Joel A. FRANKLIN, a Minnesota Attorney, Registration No. 0271627.
ORDER
In January 2007, we indefinitely suspended petitioner Joel Anthony Franklin from the practice of law, with no right to petition for reinstatement for 1 year, for committing professional misconduct. In re Franklin , 726 N.W.2d 95, 96 (Minn. 2007) (order). Specifically, while on a 2-year private probation, Franklin neglected three client matters, failed to communicate with these clients, failed to return client documents and files to some of these clients, and failed to cooperate with the Director's investigations, in violation of Minn. R. Prof. Conduct 1.3, 1.4, 1.16, and 8.1(b). Franklin , 726 N.W.2d at 95.
In March 2021, Franklin petitioned for reinstatement. A hearing was held before a panel of the Lawyers Professional Responsibility Board. The panel submitted its findings of fact, conclusions, and recommendation. The panel found that Franklin had proven by clear and convincing evidence that he had undergone the requisite moral change to render him fit to resume the practice of law, that he possessed the intellectual competency to practice law, and that he had otherwise met the conditions of reinstatement set forth in our prior order. The panel recommended that Franklin be reinstated to the practice of law and placed on probation.
Petitioner and the Director of the Office of Lawyers Professional Responsibility waive their procedural rights under Rule 18, Rules on Lawyers Professional Responsibility. They jointly recommend that petitioner be reinstated and placed on probation.
We have independently reviewed the file and approve the recommended disposition.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Petitioner Joel Anthony Franklin is reinstated to the practice of law, effective upon payment of the required registration fees to the Minnesota Lawyer Registration Office.
2. Petitioner is placed on probation, subject to the following terms and conditions:
(a) Petitioner shall cooperate fully with the Director's Office in its efforts to monitor compliance with this probation. Petitioner shall promptly respond to the Director's correspondence by the due date. Petitioner shall provide to the Director a current mailing address and shall immediately notify the Director of any change of address. Petitioner 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, petitioner shall authorize the release of information and documentation to verify compliance with the terms of this probation.
(b) Petitioner shall abide by the Minnesota Rules of Professional Conduct.
(c) Petitioner shall engage in or continue to engage in counseling or other therapy as recommended by his pastor, a counselor, a therapist, or a healthcare professional.
(d) Petitioner shall provide written notice to the Director of any plan to return to the active practice of law. Petitioner shall provide as much advance notice as practicable, and no less than 60 days advance notice; and
(e) Within 2 weeks of notifying the Director of his intent to return to the active practice of law, petitioner shall provide the Director and to the probation supervisor, if any, a written plan outlining office procedures designed to ensure that petitioner complies with all probation requirements. Such office procedures shall outline petitioner's specific plans and resources available to him to address any practice-related issues.
3. When petitioner begins actively practicing law, his probation will continue for an additional 2 years. In addition to the terms and conditions referenced in paragraph 2, petitioner will also be subject to the following terms and conditions:
(a) Petitioner shall be supervised by a licensed Minnesota attorney appointed by the Director to monitor compliance with the terms of his probation. Until a supervisor has signed a consent to supervise, petitioner shall, on the first day of each month, provide the Director with an inventory of active client files described in paragraph 3(b). Petitioner shall make active client files available to the Director upon request; and
(b) Petitioner shall cooperate fully with the supervisor in efforts to monitor compliance with his probation. Petitioner shall contact the supervisor and schedule a minimum of one in-person or virtual meeting per calendar quarter. Petitioner shall submit to the supervisor an inventory of all active client files by the first day of each month during his probation. With respect to each active file, the inventory shall disclose the client's name, type of representation, date opened, most recent activity, next anticipated action, and anticipated closing date. Petitioner's supervisor shall regularly engage in discussions with petitioner concerning his caseload and what case levels are appropriate and realistic, with the focus being the avoidance of undue stress, overextension, and/or avoidance by petitioner. Petitioner's supervisor shall file written reports with the Director at least quarterly, or at such more frequent intervals as may be requested by the Director.
4. Petitioner shall not engage in the solo practice of law during his probation period. If after successfully completing probation, petitioner plans to return to the solo practice of law, petitioner shall provide the Director as much advance notice as practicable of this intent, and no less than 60 days advance notice. Petitioner shall thereafter meet with the Director to determine whether an additional period of probation might be warranted. If the Director believes an additional period of probation is warranted, the Director may file a motion requesting that the court place petitioner on an additional period of probation. Until the court rules on any motion that is filed, petitioner shall not engage in the solo practice of law.
5. If at any time during petitioner's probation and after giving petitioner an opportunity to be heard, the Director concludes that petitioner has violated the conditions of his probation or engaged in further misconduct, the Director may file a petition for disciplinary action against petitioner without submitting the matter to a panel or panel chair. Petitioner waives the right to such consideration by a panel or panel chair.
BY THE COURT:
/s/ __________
Natalie E. Hudson
Associate Justice