In Re Petition for Reinstatement to the Practice of Law of David A. Pyles.

In Re Petition for Reinstatement to the Practice of Law of David A. Pyles. C4-87-395, Supreme Court Order, May 8, 1997.

STATE OF MINNESOTA

IN SUPREME COURT

C4-87-395

In Re Petition for Reinstatement to the
Practice of Law of David A. Pyles.

O R D E R

WHEREAS, on April 1, 1988, this court suspended petitioner David A. Pyles from the practice of law for an indefinite period of time, with no right to apply for reinstatement for a period of 2 years, In Re Disciplinary Action Against Pyles, 421 N.W.2d 321 (Minn. 1988); and

WHEREAS, on April 26, 1996, more than 8 years after his suspension, petitioner filed a petition for reinstatement; and

WHEREAS, a panel of the Lawyers Professional Responsibility Board held a hearing on the petition and, following the hearing, issued findings of fact, conclusions and a recommendation, in which the panel concluded that petitioner has undergone a sufficient moral change to be reinstated subject to certain conditions, that he has developed the character and personality traits necessary to warrant reinstatement under certain conditions, that he is psychologically fit to represent clients under conditions and that his current legal knowledge and skills are sufficient for reinstatement to a practice which restricts him from solo practice, and the panel recommended petitioner be reinstated subject to the following conditions:

1. Petitioner shall not engage in solo practice until further order of this court.

2. Petitioner shall be placed on supervised probation for 2 years or until such time as all the terms of probation had been met. Petitioner's probation shall include the following terms:

a. Petitioner shall cooperate fully with the Director's Office in its efforts to monitor compliance with this probation and promptly respond to the Director's correspondence by the due date. Petitioner shall cooperate with the Director's investigation of any allegations of unprofessional conduct which may come to the Director's attention. Upon the Director's request, petitioner shall provide authorization for release of information and documentation to verify compliance with the terms of this probation.

b. Petitioner shall abide by the Minnesota Rules of Professional Conduct.

c. Petitioner shall timely file all required state and federal tax returns, including individual and employer withholding returns, and timely pay the taxes due thereon. Petitioner shall affirmatively report to the Director, on or before the due date of the required returns, his compliance with filing and payment requirements. Such reports shall include copies of the required returns. On or before the filing deadline, petitioner shall provide the Director with copies of all applications for filing extension and proof of approval of such applications. Petitioner shall provide all of the documents and information required herein without specific reminder or request.

d. Petitioner shall pay any past due employee withholding tax liability. Petitioner shall report his communications with the IRS to the Director's Office on a monthly basis.

e. Petitioner shall make restitution to all clients harmed by his misconduct. Petitioner shall make monthly reports to the Director's Office regarding the status of his restitution efforts.

f. Petitioner shall maintain books and records concerning law office income and expenses and funds held on behalf of clients in compliance with Rule 1.15, MRPC, and LPRB Amended Opinion No. 9. Petitioner shall make all books and records pertaining to his office and/or trust account available to the Director's Office upon request.

g. Petitioner shall provide the Director's Office with a written description of his office procedures. Those procedures shall ensure that there are prompt responses to correspondence, telephone calls and other important communications from clients, courts and other persons interested in matters which petitioner is handling, and which will ensure that petitioner regularly reviews each and every file and completes legal matters on a timely basis.

h. Petitioner shall be supervised by a licensed Minnesota attorney approved by the Director, who will monitor petitioner's office practices.

i Petitioner shall cooperate fully with the supervisor in his/her efforts to monitor compliance with this probation. Petitioner shall contact the supervisor and schedule a minimum of one in-person meeting per calendar quarter. Petitioner 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, the associating attorney, most recent activity, next anticipated action and anticipated closing date. Petitioner'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, and

WHEREAS, the Director and petitioner jointly recommend that the matter be decided without further proceedings,

IT IS HEREBY ORDERED that petitioner David A. Pyles is reinstated to the practice of law subject to the condition that he not engage in solo practice without further order of this court and subject to two years' supervised probation upon the conditions recommended by the panel as set out above.

Dated: April 28, 1997

BY THE COURT:

Alan C. Page
Associate Justice