Opinion
A22-0044
04-12-2022
IN RE Petition for DISCIPLINARY ACTION AGAINST Thomas E. V. HARMON, a Minnesota Attorney, Registration No. 0289759.
ORDER
The Director of the Office of Lawyers Professional Responsibility filed a petition for disciplinary action against respondent Thomas E. V. Harmon after the United States District Court for the District of South Dakota issued an order on October 7, 2021, prohibiting respondent from filing for admission to the bar of that court until June 1, 2024. The federal court entered its order after respondent engaged in the unauthorized practice of law in that court, after his provisional admission to that court expired, for a period of approximately 20 months. Respondent's misconduct violated Minn. R. Prof. Conduct 5.5(a) and 8.4(d).
The parties have filed a stipulation for discipline with the court. In it, respondent waives his procedural rights under Rule 12(d), Rules on Lawyers Professional Responsibility (RLPR), and unconditionally admits the allegations in the petition, including the federal court's order attached thereto. The parties jointly recommend that the appropriate discipline is a public reprimand and 2 years of probation. The parties contend that, in this case, imposition of identical discipline to that imposed by the federal court would not be appropriate because the discipline imposed by the federal court is substantially different than the discipline warranted in Minnesota.
The court has independently reviewed the file and approves the jointly recommended disposition. Although we typically impose identical discipline in a reciprocal disciplinary proceeding, identical discipline is not required if it is "substantially different from [the] discipline warranted in Minnesota." Rule 12(d), RLPR. We have imposed public reprimands in similar cases involving the unauthorized practice of law. See In re Small , 889 N.W.2d 291, 292 (Minn. 2016) (order); In re Altschuler , 877 N.W.2d 929, 929 (Minn. 2016) (order); In re Graham , 744 N.W.2d 19, 19 (Minn. 2008) (order) (public reprimand and 2 years of probation for engaging in unauthorized practice of law for more than 20 years); In re Quinn , 605 N.W.2d 396, 396 (Minn. 2000) (order) (public reprimand and 2 years of probation for engaging in the unauthorized practice of law for nearly 17 years). We conclude that the discipline imposed in the federal court is substantially different from the discipline warranted in Minnesota and agree that a public reprimand is appropriate.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent Thomas E. V. Harmon is publicly reprimanded.
2. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR.
3. Respondent is placed on probation for 2 years, subject to the following terms and conditions:
a. Respondent shall cooperate fully with the Director's Office in its efforts to monitor compliance with this probation. Respondent shall promptly respond to the Director's correspondence by its due date. Respondent shall provide to the Director a current mailing address and shall immediately notify the Director of any change of address. Respondent shall cooperate with the Director's investigation of any allegations of unprofessional conduct that 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.
BY THE COURT:
/s/ __________
Natalie E. Hudson
Associate Justice