Opinion
A07-0832
03-02-2021
IN RE Petition for REINSTATEMENT OF Edward F. ROONEY, a Minnesota Attorney, Registration No. 9321X.
ORDER
In February 2006, we suspended petitioner Edward F. Rooney for 18 months for misappropriating client funds. In re Rooney , 709 N.W.2d 263, 273 (Minn. 2006). On December 20, 2007, we reinstated Rooney and placed him on probation for 3 years. In re Rooney , 742 N.W.2d 641, 643 (Minn. 2007) (order). We also permanently prohibited Rooney from maintaining a trust account solely in his name and included other conditions regarding his trust account, including that another signatory to Rooney's trust account review the books and records on a quarterly basis. Id. at 642–43.
In November 2020, Rooney filed a petition to amend the conditions of his reinstatement related to his trust account. Rooney states that he has always been a solo practitioner and has little activity in his trust account. The lawyers who have agreed to be his co-signer either have retired from the practice of law or are near retirement. Rooney states it will be difficult for him to find another attorney who is willing to be a co-signer on his trust account and to review his trust account books and records.
The Director of the Office of Lawyers Professional Responsibility investigated Rooney's petition to amend the conditions of his reinstatement. She has informed us that she believes the conditions of Rooney's reinstatement related to his trust account could be modified, while maintaining the protection of the public, provided Rooney is subject to heightened monitoring by the Director.
Rooney and the Director have also filed a stipulation to amend the conditions of Rooney's reinstatement related to his trust account. In it, the parties recommend that we amend our December 20, 2007 reinstatement order to allow Rooney to maintain a trust account as the sole signatory. They further recommend we place Rooney on probation for so long as he continues to practice law and that he provide copies of his trust account books and records to the Director on a regular basis as a condition of his probation.
Rooney has shown good cause for the modification of the conditions of his reinstatement related to his trust account. Based on the facts and circumstances of this case, the public will continue to be protected if Rooney regularly provides the Director with copies of his trust account books and records so that the Director will be able to directly monitor Rooney's trust account.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Paragraphs (g)–(m) in our December 20, 2007 order reinstating petitioner Edward F. Rooney to the practice of law, which address petitioner's trust account, are vacated.
2. Petitioner is placed on probation indefinitely, 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 its 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, respondent shall provide authorization for 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 maintain trust account books and records in compliance with Minn. R. Prof. Conduct 1.15 and Appendix 1. The trust account 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; and bank reports of interest, service charges, and interest payments to the Minnesota IOLTA Program. Such books and records shall be made available to the Director within 30 days from the date of this order and thereafter shall be made available to the Director every 3 months, unless the Director determines
that more frequent reporting is necessary to determine compliance.