Ethics Scorecard: July-August decisions

Benched

Gorshteyn, Boris: Disbarment is ordered for an attorney who misappropriated approximately $382,000 in client funds, abandoned client matters, settled clients’ claims without their knowledge or consent, failed to maintain trust account books and records, failed to cooperate with the Director’s investigations, and committed other misconduct.

In re Charges of Unprofessional Conduct in Panel Case No. 44387:  1. A panel of the Lawyers Professional Responsibility Board did not clearly err by finding that appellant attorney failed to return client property and conditioned return of that property on the client paying outstanding fees, thereby violating Minn. R. Prof. Conduct 1.15(c)(4), 1.16(d), and 1.16(g). 2. A panel of the Lawyers Professional Responsibility Board did not clearly err by finding that appellant attorney failed to maintain an accurate client subsidiary ledger and commingled an excessive amount of personal funds in the attorney’s trust account, thereby violating Minn. R. Prof. Conduct 1.15(a)(1) as interpreted by Appendix 1, 1.15(c)(3), and 1.15(h). 3. In this case, a private admonition is the appropriate discipline.

Sea, Bobby Gordon Onyemeh: The record supports the referee’s findings of fact and conclusions of law that respondent attorney violated the Minnesota Rules of Professional Conduct by knowingly making false statements to a tribunal; making false statements to others; engaging in dishonesty, fraud, deceit or misrepresentation; and engaging in conduct that is prejudicial to the administration of justice. The appropriate discipline is an indefinite suspension from the practice of law with no right to petition for reinstatement for 120 days.

Villanueva, Israel Esquivel: Disbarment is ordered for a foreign legal consultant who misappropriated clients’ funds, engaged in the unauthorized practice of law, neglected client matters, failed to communicate with clients, failed to return unearned fees, forged a client’s signature on a document filed with a court, failed to adequately supervise nonlawyer assistants, falsely represented that he was authorized to practice law, failed to make required disclosures for a foreign legal consultant, and failed to cooperate with the Director’s investigation.

Suited Up

McCollister, Matthew David: Respondent is conditionally reinstated to the practice of law and placed on probation for two years.

Sklar, Lori J.: Respondent is reinstated to the practice of law.