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STATE OF MINNESOTA IN SUPREME COURT A07-688 Original Jurisdiction In re Petition for Disciplinary Action against Stephen Vincent Grigsby, a Minnesota Attorney, Registration No. 291973. Filed: April 16, 2009 Office of Appellate Courts __________________________ Martin A. Cole, Director, Timothy M. Burke, Senior Assistant Director, Office of Lawyers Professional Responsibility, St. Paul, Minnesota, for petitioner Office of Lawyers Professional Responsibility. Stephen Vincent Grigsby, Princeton, Minnesota, pro se respondent. ___________________________ SYLLABUS Suspension from the practice of law for 60 days is warranted for lawyer who failed to file individual income tax returns, failed to report income to taxing authorities, failed to maintain practice-related books and records, failed to use written retainer agreements in connection with nonrefundable fees, made misrepresentations to the Director of the Office of Lawyers Professional Responsibility, and failed to cooperate with the Director's investigation. OPINION PER CURIAM. The Office of Lawyers Professional Responsibility charged respondent Stephen Vincent Grigsby with failure to file individual income tax returns, failure to report 1 Per Curiam Took no part, Magnuson, C.J.

income, failure to maintain books and records, failure to use written retainer agreements, making misrepresentations to the Director of the Office of Lawyers Professional Responsibility, and noncooperation with the Director. The referee assigned to hear the case concluded that Grigsby violated the Minnesota Rules of Professional Conduct and recommended that Grigsby be suspended for 60 days. The Director appealed the

referee's recommendation of a 60-day suspension, arguing for suspension for a minimum of 12 months. Grigsby challenged the referee's recommended discipline as inconsistent with the factual findings and argued for a 30-day suspension. After briefs were filed with this court, Grigsby's lawyer withdrew from the case. We briefly continued oral

arguments in the matter to allow Grigsby to obtain counsel. After hearing oral argument from the parties, at which Grigsby appeared pro se, we remanded the matter to the referee for additional findings of fact concerning the redaction of a particular bank statement during the Director's investigation. The referee filed amended findings of fact and conclusions of law but did not change his recommendation of a 60-day suspension. We adopt the referee's recommendation and suspend Grigsby for 60 days. Grigsby was admitted to practice law in Minnesota in 1999 and since 2000 has been a sole practitioner. Grigsby admits that he had sufficient income in 1999, 2000, 2001, and 2002 to require him to file federal individual income tax returns. See 26 U.S.C.

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