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STATE OF MINNESOTA
IN SUPREME COURT
C4-00-1009
In Re Petition for Disciplinary Action against
Charles Clayton, an Attorney at Law of the
State of Minnesota.
O R D E R
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary
action alleging that respondent Charles Clayton, has committed professional misconduct warranting
public discipline, namely, that respondent represented a client on a contingent fee basis without a
written retainer agreement, failed to diligently pursue the client's representation, failed to respond to
reasonable requests for information, failed to commence a lawsuit as instructed by his client, and
made misrepresentations about the status of the case to his client, in violation of Minn. R. Prof.
Conduct 1.5(c), 1.3, 1.4, 1.2 and 8.4(c).
Respondent admits his conduct violated the Rules of Professional Conduct, waives his rights
pursuant to Rule 14, Rules on Lawyers Professional Responsibility (RLPR), and has entered into a
stipulation with the Director wherein they jointly recommend that the appropriate discipline is a
60-day suspension followed by two years of supervised probation subject to the following
conditions:
(1) Respondent shall pass the professional responsibility portion of the state bar
examination within one year of the date of this court's order;
(2) The reinstatement hearing provided for in Rule 18, RLPR, is waived;
(3) Respondent shall comply with Rule 26, RLPR;
(4) Respondent shall be reinstated to the practice of law following the expiration of
his suspension provided that, at least 15 days before the expiration of the
suspension period, respondent files an affidavit with the Clerk of Appellate Courts
and the Director's Office establishing that respondent is current with Continuing
Legal Education requirements, has fully complied with Rules 24 and 26, RLPR, and
has satisfactorily completed all other conditions imposed by the court in its decision;
(5) Upon respondent's reinstatement to the practice of law, he shall be placed on
supervised probation for a period of two years, subject to the following terms:
(a) Respondent shall cooperate fully with the Director's Office in its
efforts to monitor compliance with this probation and promptly
respond to the Director's correspondence by the due date.
Respondent shall cooperate with the Director's investigation of any
allegations of unprofessional conduct which may come to the
Director's attention. Upon the Director's request, respondent shall
provide authorization for release of information and documentation
to verify compliance with the terms of this probation.
(b) Respondent shall abide by the Minnesota Rules of Professional
Conduct.
(c) Respondent shall be supervised by a licensed Minnesota
attorney, appointed by the Director to monitor compliance with the
terms of this probation. Respondent shall provide to the Director
the names of four attorneys who have agreed to be nominated as
respondent's supervisor within two weeks after respondent is
reinstated to the practice of law. If, after diligent effort, respondent
is unable to locate a supervisor acceptable to the Director, the
Director will seek to appoint a supervisor. Until a supervisor has
signed a consent to supervise, the respondent shall on the first day
of each month provide the Director with an inventory of active client
files described in paragraph d. below. Respondent shall make
active client files available to the Director upon request.
(d) Respondent shall cooperate fully with the supervisor in his/her
efforts to monitor compliance with this probation. Respondent shall
contact the supervisor and schedule a minimum of one in-person
meeting per calendar quarter. Respondent shall submit to the
supervisor an inventory of all active client files by the first day of
each month during the probation. With respect to each active file,
the inventory shall disclose the client name, type of representation,
date opened, most recent activity, next anticipated action, and
anticipated closing date. Respondent's supervisor shall file written
reports with the Director at least quarterly, or at such more frequent
intervals as may reasonably be requested by the Director.
(e) Respondent shall initiate and maintain office procedures which
ensure that there are prompt responses to correspondence,
telephone calls, and other important communications from clients,
courts and other persons interested in matters which respondent is
handling, and which will ensure that respondent regularly reviews
each and every file and completes legal matters on a timely basis.
(f) If at any time during the period of probation, after giving
respondent an opportunity to be heard by the Director, the Director
concludes that respondent has violated the conditions of the
probation or engaged in further misconduct, the Director may file a
petition for disciplinary action against respondent in the Minnesota
Supreme Court without the necessity of submitting the matter to a
Panel or Panel Chair. Respondent waives the right to such
consideration by the Panel or Panel Chair.
This court has independently reviewed the file and approves the jointly-recommended disposition.
IT IS HEREBY ORDERED that respondent Charles Clayton, is suspended from the practice of
law for 60 days and placed on two years of supervised probation, subject to the reinstatement and
probation conditions jointly agreed to and stated above. Respondent is further ordered to pay $900
in costs pursuant to Rule 24, RLPR.
Dated: July 13, 2000
BY THE COURT:
/s/Alan C. Page
Associate Justice
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