Preview:

STATE OF MINNESOTA IN SUPREME COURT A08-2082

Original Jurisdiction

Per Curiam

In re Petition for Disciplinary Action against Alan J. Albrecht, a Minnesota Attorney, Registration No. 191826.

Filed: March 18, 2010 Office of Appellate Courts

________________________ Martin A. Cole, Director, Cassie Hanson, Senior Assistant Director, Office of Lawyers Professional Responsibility, St. Paul, Minnesota, for petitioner. Alan J. Albrecht, Brooklyn Center, Minnesota, pro se. ________________________ SYLLABUS 1. The referees findings that respondents adjustment disorder, the time

elapsed since his last instance of misconduct causing harm to a client, his good reputation in the legal community, the favorable results he achieved for clients in complex matters, and his cooperation with the Director were not mitigating factors were not clearly erroneous. 2. The referee clearly erred when he failed to make a finding as to whether

respondents expressed remorse was a mitigating factor. 3. The referees finding that the financial harm that respondents misconduct

caused his client was an aggravating factor was not clearly erroneous. 1

4.

Respondents misconduct warrants indefinite suspension with no right to

petition for reinstatement for a minimum of two years. OPINION PER CURIAM On November 26, 2008, the Director filed a petition for disciplinary action against Alan J. Albrecht. The petition alleged two counts. In the first, the Director alleged that Albrecht had shown a pattern of incompetence and lack of diligence that violated Minn. R. Prof. Conduct 1.1,1 1.3,2 3.4(c),3 and 8.4(d).4 In the second count, the Director alleged that Albrechts issuance of a non-negotiable check and his failure to communicate regarding that check violated Minn. R. Prof. Conduct 8.4(d). After a hearing on the Directors allegations, the referee we appointed found that Albrecht had committed misconduct, and recommended that Albrecht be indefinitely suspended from the practice of law for a minimum of two years. Albrecht appealed the referees recommendation and ordered a transcript of the referees proceedings. See Rule
1

Minn. R. Prof. Conduct 1.1 provides: "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation."
2

Minn. R. Prof. Conduct 1.3 provides: "A lawyer shall act with reasonable diligence and promptness in representing a client."
3

Minn. R. Prof. Conduct 3.4(c) provides: "A lawyer shall not . . . (c) knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists."
4

Minn. R. Prof. Conduct 8.4(d) provides: "It is professional misconduct for a lawyer to . . . (d) engage in conduct that is prejudicial to the administration of justice."

2

14(e), Rules on Lawyers Professional Responsibility (RLPR) (providing that the referees findings of fact and conclusions are conclusive unless one of the parties orders a transcript of the proceedings). Albrecht contests the referees factual findings with

respect to several mitigating and aggravating factors, argues that the referee failed to consider several relevant mitigating factors, and challenges the referees recommended discipline as "arbitrary." He argues that a three-month suspension, with a possible requirement of a reinstatement petition, would be more appropriate discipline. Albrecht graduated from law school in 1988 and practiced as a lawyer in various capacities for several years. In 1993, he formed the law firm of Albrecht and Associates, Ltd. Since starting his own firm, Albrecht has been admonished ten times and publicly disciplined four times. The history of those proceedings up until 2003 is set forth at some length in Albrechts most recent public discipline and will not be repeated here. See In re Albrecht (Albrecht IV), 660 N.W.2d 790, 792

Download A08-2082, In re Petition for Disciplinary Action against Alan J. Albrecht, a Min

Minnesota Law