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STATE OF MINNESOTA
IN SUPREME COURT
C9-00-311
In Re Petition for Disciplinary Action against
William D. Paul, 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 William D. Paul has committed professional misconduct warranting
public discipline, namely, respondent neglected client matters, failed to keep the clients informed
and made misrepresentations to one client, failed to promptly return the file to the client, engaged in
a pattern of depositing fee and cost advances in his business account and failed to safeguard client
funds, and failed to cooperate with the Director's investigation in violation of Rules 1.3, 1.4(a),
1.15(a) and (b), 1.16(d), 4.1, 8.1(a)(3), 8.4(c) and (d), Minnesota Rules of Professional Conduct
(MPRC), and Rule 25, Rules on Lawyers Professional Responsibility (RLPR).
Respondent admits his conduct has violated the Rules of Professional Conduct, waives his rights
pursuant to Rule 14, RLPR, and has entered into a stipulation with the Director wherein they jointly
recommend that the appropriate discipline is a public reprimand and two years supervised
probation subject to the following conditions:
(1) 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.
(2) Respondent shall abide by the Rules of Professional Conduct.
(3) 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 from the date this order is
filed. 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
(4) below. Respondent shall make active client files available to the Director upon
request.
(4) 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 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.
(5) 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.
(6) Within 30 days from the filing of this order, respondent shall provide to the
Director and to the probation supervisor, if any, a written plan outlining office
procedures designed to ensure that respondent is in compliance with probation
requirements. Respondent shall provide progress reports as requested.
(7) Respondent shall maintain law office and trust account books and records in
compliance with Rule 1.15, MRPC, and LPRB Opinion No. 9. These books and
records include the following: client subsidiary ledger, checkbook register, monthly
trial balances, monthly trust account reconciliation, bank statements, canceled
checks, duplicate deposit slips and bank reports of interest, service charges and
interest payments to the Lawyer Trust Account Board. Such books and records
shall be made available to the Director within 30 days of the filing of this order and
thereafter shall be made available to the Director at such intervals as he deems
necessary to determine compliance.
This court has independently reviewed the file and approves the jointly recommended disposition.
IT IS HEREBY ORDERED that respondent William D. Paul is publicly reprimanded and placed on
two years supervised probation under the conditions agreed to and stated above. Respondent shall
pay $900 in costs and disbursements pursuant to Rule 24, RLPR.
Dated: April 4, 2000
BY THE COURT:
/s/Alan C. Page
Associate Justice
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