Opinion
A18-0346
06-08-2020
IN RE Petition for REINSTATEMENT OF Richard Wayne PETTY, a Minnesota Attorney, Registration No. 0340662.
ORDER
In October 2013, we indefinitely suspended petitioner Richard Wayne Petty from the practice of law with no right to petition for reinstatement for 2 years. In re Petty , 838 N.W.2d 562, 562 (Minn. 2013) (order). Petty's misconduct involved failing to diligently represent a client, making multiple false statements to two clients and to a third party, forging a client's signature on a document, submitting false or fraudulently obtained evidence to a court in two matters, failing to deposit client funds into his trust account, failing to keep required trust account books and records, offering monetary settlements conditioned on two former clients withdrawing their disciplinary complaints, failing to cooperate with disciplinary investigations, and making false statements to the Director. See Minn. R. Prof. Conduct 1.3, 1.4(a)(3), 1.15(a), 3.3(a)(3), 4.1, 8.1(b), 8.4(c), 8.4(d), and Appendix 1 thereto; Rule 25, Rules on Lawyers Professional Responsibility (RLPR).
Petitioner applied for reinstatement in February 2018, and a hearing was held before a panel of the Lawyers Professional Responsibility Board. The panel concluded that petitioner had complied with Rule 26, RLPR, paid the costs required under Rule 24, RLPR, and passed the Multistate Professional Responsibility Exam. The panel also concluded 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 current legal skill and knowledge, 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 a period of 2 years, subject to conditions.
Petitioner and the Director waive their procedural rights under Rule 18, RLPR, and jointly recommend that petitioner be reinstated and, upon reinstatement, be placed on probation. The court has independently reviewed the file and approves the recommended disposition.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Petitioner Richard Wayne Petty 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 petitioner's 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 in 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 provide notice to the Director of any plan to return to the private practice of law. Petitioner shall provide as much notice as possible, but at least 5 days written advance notice.
(c) Petitioner shall abide by the Minnesota Rules of Professional Conduct.
(d) Petitioner shall be supervised by a licensed Minnesota attorney, appointed by the Director to monitor compliance with the terms of this probation. Within 2 weeks of notice to the Director that he plans to return to the private practice of law, petitioner shall provide to the Director the names of four attorneys who have agreed to be nominated as petitioner's supervisor. If, after diligent effort, petitioner is unable to locate a supervisor acceptable to the Director, the Director will seek to appoint a supervisor. 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 (e) below. Petitioner shall make active client files available to the Director upon request.
(e) Petitioner shall cooperate fully with the supervisor in efforts to monitor compliance with this probation. Petitioner shall contact the supervisor and schedule a minimum of one in-person 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 the probation. With respect to each active file, the inventory shall disclose the client name, type of representation, date opened, most recent activity, next anticipated action, and anticipated closing date. Petitioner's supervisor shall file written reports with the Director at least quarterly, or at such more frequent intervals as may reasonably be requested by the Director.
(f) Within 30 days of petitioner's commencement of the practice of law, he shall provide to the Director and to the probation supervisor as applicable a written plan outlining office procedures designed to ensure that petitioner is in compliance with probation requirements. Petitioner shall provide progress reports as requested.
(g) Petitioner shall maintain law office and trust account books and records in compliance with Minn. R. Prof. Conduct 1.15, and Appendix 1 to the Minnesota Rules of Professional Conduct. These books and records shall include the following: client subsidiary ledgers; checkbook registers; monthly trial balance reports; monthly reconciliation reports; bank statements; canceled checks (if they are provided with the 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 petitioner's reinstatement and thereafter shall be made available to the Director at such intervals as the Director deems necessary to determine compliance.