Summary
The Minnesota Supreme Court imposed a minimum 30-day suspension followed by two years of probation on attorney Barbara Ann Nimis for trust-account violations and failure to respond to inquiries from the Director’s Office. The court also ordered compliance with notice and reinstatement requirements, payment of $900 in costs, completion of the professional responsibility portion of the state bar examination, and maintenance of compliant law-office and trust-account records.
Topics
Practice areas
Questions Presented
- Whether the jointly recommended discipline for respondent's admitted trust-account and professional-responsibility violations should be approved.
- What disciplinary conditions should govern respondent's suspension, reinstatement, and probation.
Holdings
- The court independently reviewed the disciplinary record and approved the jointly recommended disposition for respondent's admitted professional misconduct.
- Respondent was suspended from the practice of law for a minimum of 30 days, required to comply with notice and cost obligations, and made subject to two years of probation upon reinstatement, including monitoring, compliance, recordkeeping, and bar-examination conditions.
Key quotations
“This court has independently reviewed the file and approves the jointly recommended disposition.” (812 N.W.2d at 831)
Factual background
Barbara Ann Nimis was alleged to have failed to respond to inquiries concerning overdrafts in her trust account, failed to maintain proper trust-account books and records, improperly used the trust account, and commingled client and personal funds. She admitted the allegations and acknowledged that her conduct violated the Minnesota Rules of Professional Conduct. The parties jointly recommended a minimum 30-day suspension followed by two years of probation.
Procedural history
The matter came directly before the Minnesota Supreme Court on the Director's petitions for professional discipline. After reviewing the file independently, the court approved the jointly recommended disposition and entered an order suspending respondent from practice for at least 30 days, followed by two years of probation subject to specified conditions.