Opinion
A20-1436
12-30-2020
IN RE Petition for DISCIPLINARY ACTION AGAINST Joshua Seth LONDON, a Minnesota Attorney, Registration No. 0396263.
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Joshua Seth London has committed professional misconduct warranting public discipline—namely, making multiple knowingly false statements to the prosecutor and the court while representing two clients, instructing his paralegal to file a request for a continuance with the court that included multiple knowingly false statements, failing to appear in two criminal matters, appearing on two occasions incapacitated and unable to represent clients, resulting in delays to court proceedings, and initially omitting the reason for his incapacitation when responding to the Director's inquiry. See Minn. R. Prof. Conduct 1.1, 3.3(a)(1), 4.1, 5.3(c)(1), 8.1(b), 8.4(c), 8.4(d).
Respondent and the Director have entered into a stipulation for discipline. In it, respondent unconditionally admits the allegations in the petition and waives his procedural rights under Rule 14, Rule on Lawyers Professional Responsibility (RLPR). The parties jointly recommend that the appropriate discipline is a 45-day suspension and 2 years of supervised probation.
The court has independently reviewed the file and approves the recommended disposition.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent Joshua Seth London is suspended from the practice of law for a minimum of 45 days, effective 14 days from the date of this order.
2. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR.
3. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals). 4. Respondent shall be eligible for reinstatement to the practice of law following the expiration of the suspension period provided that respondent files with the Clerk of the Appellate Courts and serves upon the Director an affidavit establishing that he is current in continuing legal education requirements, has complied with Rules 24 and 26, RLPR, and has complied with any other conditions for reinstatement imposed by the court.
5. By December 30, 2021, respondent shall file with the Clerk of the Appellate Courts and serve upon the Director proof of successful completion of the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility. Failure to timely file the required documentation shall result in automatic suspension, as provided in Rule 18(e)(3), RLPR.
6. Upon reinstatement to the practice of law, respondent shall be placed on probation for 2 years, upon 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.
c. Respondent shall be supervised by a licensed Minnesota attorney, appointed by the Director to monitor compliance with the terms of this probation. Within 2 weeks of the date of the order reinstating respondent to the practice of law, respondent shall provide to the Director the names of four attorneys who have agreed to be nominated as respondent's supervisor. 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 on 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 next court appearance 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. Respondent shall initiate or continue all recommended treatment or care prescribed by Dr. Amelia Burgess, MD, MGH, of Sage Prairie Clinic as set out in her October 25, 2020, treatment plan, and any other healthcare or mental healthcare provider, and shall continue such aftercare as prescribed by treating care providers during the probation.
g. Respondent shall maintain total abstinence from all mood-altering substances except medication prescribed by a healthcare provider. Respondent shall disclose and provide documentation of all prescribed medications to the Director.
h. Respondent shall attend weekly meetings of an approved abstinence-based recovery support group or program acceptable to the Director. Respondent shall, by the tenth day of each month, without specific reminder or request, submit to the Director an attendance verification on a form provided by the Director, which provides the name, address and telephone number of the person personally verifying the attendance. Such verification shall also, upon request, be provided to respondent's supervisor.
i. Respondent shall, at his own expense, no more than four times per month, submit to random urinalysis for alcohol and drug screening at a facility approved by the Director and shall direct the drug screening facility to provide the results of all urinalysis testing to the Director's Office. If, after 6 months, all such tests have been negative, then the frequency of the random tests may be reduced. Respondent shall cooperate with the phone-in program established by the Director for the random test. Any failure to phone-in in accordance with the random test program shall be considered the same as receipt of a positive test result. Any positive test result will be grounds for revoking this probation.