Opinion
A24-0099
07-12-2024
In re Petition for Disciplinary Action against Kevin K. Shoeberg, a Minnesota Attorney, Registration No. 0204535.
ORDER
Margaret H. Chutich, Associate Justice
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Kevin K. Shoeberg has committed professional misconduct warranting public discipline. The petition alleges that respondent neglected a matter, failed to communicate with the client, and made several knowingly false and misleading statements to that client about the status of the matter. See Minn. R. Prof. Conduct 1.3, 1.4(a)(3), 1.4(a)(4), 1.4(b), 4.1, 8.4(c). And in a second matter, respondent incompetently represented the client and failed to make a reasonably diligent effort to comply with legally proper discovery requests, resulting in his client being sanctioned. See Minn. R. Prof. Conduct 1.1, 3.4(d).
Respondent and the Director have entered into a stipulation for discipline. In it, respondent withdraws his previously filed answer, unconditionally admits the allegations of the petition, and waives his procedural rights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR). The parties jointly recommended that the appropriate discipline is a 60-day suspension, followed by 2 years of supervised probation.
The court has independently reviewed the file and approves the jointly recommended disposition.
Based upon all the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT:
1. Respondent Kevin K. Shoeberg is suspended from the practice of law for a minimum of 60 days, effective 14 days from the date of this order.
2. Respondent must comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals), and must pay $900 in costs under Rule 24(a), RLPR.
3. Respondent will be eligible for reinstatement to the practice of law following the expiration of the suspension period provided that, not less than 15 days before the end of the suspension period, respondent files with the Clerk of the Appellate Courts and serves upon the Director an affidavit establishing that he is current in continuing legal education requirements, has complied with Rules 24 and 26, RLPR, and has complied with any other conditions for reinstatement imposed by the court.
4. Within 1 year of the date of this order, respondent must file with the Clerk of the Appellate Courts and serve upon the Director proof of successful completion of the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility. See Rule 4.A. (5), Rules for Admission to the Bar (requiring evidence that an applicant has successfully completed the Multistate Professional Responsibility Examination). Failure to timely file the required documentation will result in automatic suspension, as provided in Rule 18(e)(3), RLPR.
5. Upon reinstatement to the practice of law, respondent will be placed on probation for a period of 2 years, subject to the following terms and conditions: a. Respondent must abide by the Minnesota Rules of Professional Conduct.
b. Respondent must cooperate fully with the Director's Office in its efforts to monitor compliance with this probation. Respondent must promptly respond to the Director's correspondence by its due date. Respondent must provide to the Director a current mailing address and must immediately notify the Director of any change of address. Respondent must 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 must provide authorization for release of information and documentation to verify compliance with the terms of this probation.
c. Respondent must be supervised by a licensed Minnesota attorney, appointed by the Director to monitor compliance with the terms of this probation. Respondent must provide to the Director the names of four attorneys who have agreed to be nominated as respondent's supervisor within 2 weeks from the date of the court's order reinstating him to the practice of law. If, after diligent effort, respondent 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, respondent must, on the first day of each month, provide the Director with an inventory of active client files described in paragraph (d) below. Respondent must make active client files available to the Director upon request.
d. Respondent must cooperate fully with the supervisor in the supervisor's efforts to monitor compliance with this probation. Respondent must contact the supervisor and schedule a minimum of one in-person meeting per calendar quarter. Respondent must 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 must disclose the client name, type of representation, date opened, most recent activity, next anticipated action, and anticipated closing date. Respondent's supervisor must file written reports with the Director at least quarterly, or at such more frequent intervals as may reasonably be requested by the Director.
e. Respondent must initiate and maintain office procedures ensuring that there are prompt responses to correspondence, telephone calls, and other important communications from clients, courts, and other people interested in matters respondent is handling and that respondent regularly reviews each file and completes legal matters on a timely basis.
f. Within 30 days from the date of the Court's order reinstating respondent to the practice of law, respondent must provide to the Director and to the probation supervisor, once one has been appointed, a written plan outlining office procedures designed to ensure that respondent is in compliance with probation requirements. Respondent must provide progress reports as requested.