There was one decision this week on attorney discipline from the Minnesota Supreme Court. The case highlights the proposition that an attorney will be disbarred for misappropriating client funds and engaging in fraudulent conduct. Here is the summary:
Al3-0435, In re Petition for Disciplinary Action against Tedman John Heim, a Minnesota Attorney,Registration No. 286047.
In this case, the attorney committed multiple acts of misconduct, namely, misappropriation of client funds, forgery of a client's signature on a settlement check, engaging in a pattern of false statements to his client and his law partner to conceal the misappropriation, submission of misleading documents to a court and opposing counsel, failure to deposit client funds into a trust account, failure to keep required trust account books and records,making unauthorized personal charges on his law firm's business credit card, and beingconvicted of a felony charge of check forgery/falsely endorsing a check, in violation of Minn. R. Prof. Conduct 1.4(a), 1.15(a), 1.15(c)(3), 1.15(c)(4), 1.15(h), 3.3(a), 4.1, 8.4(b), 8.4(c), and 8.4(d).
After a hearing, the referee recommended disbarment, and the parties stipulated (agreed) that disbarment was the appropriate discipline. Accordingly, the attorney was disbarred.
Tim represents attorneys facing professional discipline, and consults with attorneys about whether a particular situation or proposed course of conduct implicates the Rules of Professional Conduct. When faced with a situation that may implicate the Rules of Professional Conduct, Tim always recommends that an attorney seek an advisory opinion from the Office of Lawyers Professional Responsibility.
WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation. Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. Also, Tim is licensed only in state and federal courts in Minnesota. As such, any information provided in this blog post pertains only to those jurisdictions. Further, you should always discuss your situation with an attorney before taking any action based on what you may read in this blog. To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.
Al3-0435, In re Petition for Disciplinary Action against Tedman John Heim, a Minnesota Attorney,Registration No. 286047.
In this case, the attorney committed multiple acts of misconduct, namely, misappropriation of client funds, forgery of a client's signature on a settlement check, engaging in a pattern of false statements to his client and his law partner to conceal the misappropriation, submission of misleading documents to a court and opposing counsel, failure to deposit client funds into a trust account, failure to keep required trust account books and records,making unauthorized personal charges on his law firm's business credit card, and beingconvicted of a felony charge of check forgery/falsely endorsing a check, in violation of Minn. R. Prof. Conduct 1.4(a), 1.15(a), 1.15(c)(3), 1.15(c)(4), 1.15(h), 3.3(a), 4.1, 8.4(b), 8.4(c), and 8.4(d).
After a hearing, the referee recommended disbarment, and the parties stipulated (agreed) that disbarment was the appropriate discipline. Accordingly, the attorney was disbarred.
Tim represents attorneys facing professional discipline, and consults with attorneys about whether a particular situation or proposed course of conduct implicates the Rules of Professional Conduct. When faced with a situation that may implicate the Rules of Professional Conduct, Tim always recommends that an attorney seek an advisory opinion from the Office of Lawyers Professional Responsibility.
WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation. Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. Also, Tim is licensed only in state and federal courts in Minnesota. As such, any information provided in this blog post pertains only to those jurisdictions. Further, you should always discuss your situation with an attorney before taking any action based on what you may read in this blog. To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.
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