Opinion
A24-0099
09-23-2024
In re Petition for Disciplinary Action against Kevin K. Shoeberg, a Minnesota Attorney, Registration No. 0204535.
ORDER
Gordon L. Moore, III Associate Justice
In our July 12, 2024 order, we suspended respondent Kevin K. Shoeberg from the practice of law for a minimum of 60 days, effective 14 days from the date of the order.
Respondent has filed an affidavit seeking reinstatement in which he states that he has complied with the terms of our order regarding reinstatement, except for successful completion of the written examination required for admission to the practice of law by the Minnesota State Board of Law Examiners on the subject of professional responsibility. The Director of the Office of Lawyers Professional Responsibility does not oppose the request.
Based upon all the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT:
1. Respondent Kevin K. Shoeberg is conditionally reinstated to the practice of law in the State of Minnesota, effective September 24, 2024, subject to his 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.
2. Respondent is 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 this order. 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 this order, 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.
3. By July 12, 2025, respondent must file with the Clerk of the Appellate Courts and serve upon the Director proof of respondent's successful completion of the written examination required for admission to the practice of law by the Minnesota 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 do so will result in automatic suspension, pending proof of successful completion of the examination, under Rule 18(e)(3), Rules on Lawyers Professional Responsibility.