Summary
The Minnesota Supreme Court approved a stipulated public reprimand and two years of probation for attorney Brent Schafer. The discipline arose from misconduct involving trust-account recordkeeping, safeguarding and handling of client funds, commingling, shortages, negligent misappropriation, and loans to clients.
Topics
Practice areas
Questions Presented
- Whether the stipulated misconduct warranted the jointly recommended discipline of a public reprimand followed by two years of probation.
- What conditions should govern respondent's probation.
Holdings
- The court approved the jointly recommended disposition and publicly reprimanded Schafer for the admitted professional misconduct.
- Schafer was placed on probation for two years, required to pay $900 in costs, cooperate with monitoring and investigations, comply with the Minnesota Rules of Professional Conduct, and maintain specified law-office and trust-account books and records.
Factual background
Brent Schafer admitted that he neglected to maintain required trust-account books and records, failed to safeguard and promptly remit client funds, commingled client and personal funds, allowed trust-account shortages, negligently misappropriated client funds, and made loans to clients. The parties stipulated to the misconduct and jointly recommended a public reprimand and two years of probation.
Procedural history
The Director filed a disciplinary petition alleging multiple violations involving respondent's client-trust-account practices and loans to clients. Respondent waived his procedural rights, unconditionally admitted the allegations, and joined the Director in recommending discipline. The Minnesota Supreme Court independently reviewed the record and approved the recommended disposition.