September 19, 2012
Delay And Confuse Strategy Draws Suspension
The Minnesota Supreme Court has imposed a six-month suspension with a requirement that the sanctioned attorney petition for reinstatement a matter where the "semi-retired" attorney filed frivolous pleadings in three cases in which he contended that he was a victim of fraud.
The court found the conduct "more extreme" than that in a prior disciplinary case
...if for no other reason than the sheer length of his filings and the number of defendants burdened. We understand that the particular circumstances of some lawsuits require complex and lengthy pleadings, and we note that in such circumstances, such pleadings are proper. But, when an attorney uses convoluted, frivolous pleadings - in violation of specific court orders - to delay and confuse his opponents, that attorney violated [ethics rules]...Based on the record before us, we conclude that [the attorney] engaged in a pattern of seemingly endless pleadings that contained frivolous claims and were unnecessarily burdensome in length, violated court orders, wasted courts' resources, delayed litigation, and prejudiced the administration of justice.
The attorney also must pass the ethics portion of the state bar examination to secure reinstatement. (Mike Frisch)
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Posted by: G. Bailey | Sep 25, 2012 7:51:46 AM