Opinion
A19-1104
01-12-2021
IN RE Petition for REINSTATEMENT OF Jeffrey D. UPIN, a Minnesota Attorney, Registration No. 0152924.
ORDER
Petitioner Jeffrey D. Upin was admitted to practice law in the State of Minnesota on October 21, 1983. On December 13, 2017, we indefinitely suspended petitioner from the practice of law with no right to petition for reinstatement for 18 months, effective 14 days from the date of that order. In re Upin , 904 N.W.2d 645, 647 (Minn. 2017) (order). Upin's misconduct involved failing to safeguard and misappropriating client funds. See Minn. R. Prof. Conduct 1.15(a), 8.4(c).
Petitioner applied for reinstatement in July 2019, and on November 5, 2020, a hearing was held before a panel of the Lawyers Professional Responsibility Board. On November 16, 2020, the panel submitted its findings of fact, conclusions of law, and recommendation for reinstatement. The panel concluded that petitioner had complied with Rule 26, Rules on Lawyers Professional Responsibility (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 Jeffrey D. Upin 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 abide by the Minnesota Rules of Professional Conduct.
(c) If petitioner is engaged in the sole 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, then
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.
(d) If petitioner is not engaged in the sole 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 that fact to the Director within 30 days of the effective date of petitioner's reinstatement and every 30 days thereafter for the duration of this probation.
(e) Petitioner shall continue treatment/medication management with Dr. Kerry Fox, or a licensed consulting psychologist or other mental health professional acceptable to the Director, and shall comply with all recommendations made by the mental health professional.