In re Disciplinary Action Against Waters

823 N.W.2d 452 (Minn. 2012) · Supreme Court of Minnesota · December 12, 2012

Summary

The Minnesota Supreme Court publicly reprimanded Vincent Francis Waters for professional misconduct, including neglect, failure to communicate, failure to expedite litigation, and failure to provide timely notice of his suspension. The court conditionally reinstated Waters, placed him on three years of disciplinary probation, and required him to complete the professional responsibility portion of the state bar examination.

Court
Supreme Court of Minnesota
Writing for the Court
Alan C. Page
Jurisdiction
Minnesota
Decision date
December 12, 2012
Procedural posture
Attorney disciplinary proceeding arising from respondent's affidavit seeking reinstatement after a suspension and the Director's petition alleging additional professional misconduct; the parties stipulated to discipline and jointly recommended a public reprimand, reinstatement, and probation.
Precedential value
Published disciplinary order; primarily case-specific
Disposition
other

Topics

appellate procedure

Practice areas

legal ethicsattorney disciplineprofessional responsibilitybar reinstatement

Questions Presented

  1. What discipline should be imposed for Waters's admitted professional misconduct and noncompliance with the suspension-order notice requirement?
  2. Whether Waters should be reinstated to the practice of law subject to conditions and disciplinary probation.

Holdings

  1. Waters should receive a public reprimand for neglecting a client matter, failing to communicate with a client, failing to expedite litigation, and failing to provide timely notice of his suspension.
  2. Waters was conditionally reinstated to practice law in Minnesota, subject to completing the professional-responsibility portion of the state bar examination by July 27, 2018, and serving three years of disciplinary probation.

Key quotations

Respondent is conditionally reinstated to the practice of law in the State of Minnesota, subject to his successful completion of the professional responsibility portion of the state bar examination by July 27, 2018, and is placed on disciplinary probation for three years (453)
Failure to do so shall result in automatic re-suspension pending proof of successful completion of the examination. (453)

Factual background

Vincent Francis Waters had been suspended from practicing law for at least 30 days and was required to notify clients, opposing counsel, and tribunals of his suspension. In seeking reinstatement, he admitted that he had neglected a client matter, failed to communicate with a client, failed to expedite litigation, and failed to provide timely suspension notices. He subsequently demonstrated compliance with the notice requirement, and the Director did not object to reinstatement subject to the stipulated conditions.

Procedural history

The court had previously suspended Vincent Francis Waters for a minimum of 30 days and required notice to clients, counsel, and tribunals. Waters later sought reinstatement, admitting that he had not timely provided all required notices. The Director filed a disciplinary petition, Waters admitted the allegations and waived his Rule 14 rights, and the parties stipulated to a public reprimand, conditional reinstatement, and three years of probation. The court adopted that recommendation by order.

Court Document

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