In re Disciplinary Action Against Anderson
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In re Disciplinary Action Against Anderson
Opinion of the Court
ORDER
The Director of the Office of Lawyers Professional Responsibility filed a petition with this Court alleging that the respondent Thornton P. Anderson had committed professional misconduct warranting public discipline. In the petition, the Director alleges that in July 1991, respondent and a client entered into an agreement to allow respondent to take over day-to-day management of the client’s business, Al’s Cartage; that respondent advised the client of his potential conflict of interest in entering into the agreement, and the client obtained separate counsel for the transaction; that Al’s Cartage had over $30,000 in unpaid tax obligations, largely incurred before July 1991; that, in October 1991, the client obtained a $30,000 loan, secured by a mortgage on her home, out of which the client agreed to apply approximately $20,000 to Al’s Cartage’s taxes; that the client did not obtain separate counsel for the loan transaction but had respondent handle all the
After the petition in this matter had been filed, respondent entered into a stipulation for discipline with the Director. In the stipulation, the respondent waived all.of his procedural rights to hearings as provided in Rule 14, Rules on Lawyers Professional Responsibility. Respondent also withdrew his answer filed herein and admitted the allegations of the petition, except that respondent stated that he now has made full restitution to his client. Respondent joined with the Director in recommending that appropriate discipline pursuant to Rule 15, Rules on Lawyers Professional Responsibility, is a 30-day suspension. Respondent further agreed to the imposition and payment of $750 in costs pursuant to Rule 24, Rules on Lawyers Professional Responsibility.
The terms of the parties’ stipulation notwithstanding, this court may impose any of the sanctions set forth in Rule 15(a)(l)-(9), Rules on Lawyers Professional Responsibility, thereby making any disposition it deems appropriate. Accordingly, the Court, having considered all of the facts and circumstances surrounding this matter, the petition of the Director, and the stipulation of the parties, NOW ORDERS:
1. That the respondent, Thornton P. Anderson, hereby is publicly reprimanded, pursuant to Rule 15, Rules on Lawyers Professional Responsibility.
2. That the respondent shall pay to the Director the sum of $750 in costs and disbursements pursuant to Rule 24, Rules on Lawyers Professional Responsibility.
Reference
- Full Case Name
- In re the Petition for DISCIPLINARY ACTION AGAINST Thornton P. ANDERSON, an Attorney at Law of the State of Minnesota
- Cited By
- 1 case
- Status
- Published