Opinion
A21-0138
02-09-2022
IN RE Petition for REINSTATEMENT OF David IZEK, a Minnesota Attorney, Registration No. 0159311.
ORDER
In August 2019, we indefinitely suspended petitioner David Izek from the practice of law, with no right to petition for reinstatement for 1 year. In re Izek , 932 N.W.2d 476, 476 (Minn. 2019) (order). Petitioner's misconduct included failing to promptly refund unearned fees to one client, and with respect to four clients, engaging in a pattern of depositing unearned advance fee payments into his business account and entering into improper flat fee agreements and improper availability fee agreements, in violation of Minn. R. Prof. Conduct. 1.1, 1.5(b)(3), 1.15(a), and 1.15(c)(4)–(5). Izek , 932 N.W.2d at 476. Petitioner also misappropriated advance fees before fully earning the funds and commingled client funds with his personal funds, in violation of Minn. R. Prof. Conduct. 1.15(a) and (c)(5). Izek , 932 N.W.2d at 476. Finally, petitioner made a false statement to a prosecutor and failed to withdraw from a representation, in violation of Minn. R. Prof. Conduct. 1.16(a)(3) and 8.4(c)–(d). Izek , 932 N.W.2d at 476.
Petitioner applied for reinstatement in January 2021. A hearing was held before a panel of the Lawyers Professional Responsibility Board. In December 2021, the panel submitted its findings of fact, conclusions, and recommendation. The panel found that petitioner 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 petitioner be reinstated to the practice of law and placed on probation for 2 years.
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 David Izek 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, which will terminate 2 years after his reinstatement, 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) If petitioner is engaged in the solo practice of law, or is an officer, shareholder, partner, or member of a law firm, or in any capacity is responsible for the handling of client funds, petitioner shall maintain trust account books and records in compliance with Minn. R. Prof. Conduct 1.15 and Appendix 1 to those rules. These books and records shall include the following: client subsidiary ledgers, checkbook register, monthly trial balance reports, monthly reconciliation reports, bank statements, canceled checks (if they are provided with bank statements), duplicate deposit slips, bank reports of interest, service charges, and interest payments to the Minnesota IOLTA program, and bank wire, electronic, or telephone transfer confirmations. Such books and records shall be made available to the Director within 30 days of the effective date of reinstatement and thereafter shall be made available to the Director at such intervals as the Direct deems necessary to determine compliance.
(d) If petitioner is not engaged in the solo practice of law, is not an officer, shareholder, partner, or member of a law firm, and is not in any capacity responsible for the handling of client funds, petitioner shall report those facts to the Director within 30 days of the effective date of reinstatement and every 30 days thereafter.
GILDEA, C.J., took no part in the consideration or decision of this case.