August 6, 2009
More Than A Bad Move
The Minnesota Supreme Court imposed an indefinite two year suspension with the right to reapply after 120 days subject to probation if reinstated. The attorney was retained as successor counsel in a deportation matter. He filed a so-called Lozada motion alleging ineffective assistance on the part of prior counsel. At the time, such motions required a statement whether a bar complaint had been filed. The attorney had drafted but not filed a bar complaint. Nonetheless, he claimed to have done so in the motion and attached the draft complaint. He later did file the bar complaint.
The court affirmed findings below that the attorney had falsely represented that a bar complaint had been filed in the Lozada motion. The court accepted as aggravating factors the attorney's attitude (he did concede that his conduct was a "bad move" but the referee and court found that he had inappropriately minimized the seriousness of the misconduct) and his record of pror discipline. (Mike Frisch)
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