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In re Petition for Reinstatement of Wingerd

July 11, 2003

IN RE PETITION FOR REINSTATEMENT OF HAROLD R. WINGERD, TO THE PRACTICE OF LAW IN THE STATE OF MINNESOTA.


The opinion of the court was delivered by: Paul H. Anderson Associate Justice

ORDER

On January 7, 2002, this court suspended petitioner Harold R. Wingerd for six months. In re Wingerd, 637 N.W.2d 570 (Minn. 2002).

Petitioner filed a petition for reinstatement. Following a hearing before a panel of the Lawyers Board on Professional Responsibility, the panel found that petitioner had presented clear and convincing evidence of his moral fitness and competence to practice law and recommended reinstatement and two years of supervised probation subject to the following conditions:

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 be supervised by a licensed Minnesota attorney, appointed by the Director to monitor compliance with the terms of this probation. Petitioner shall not agree to represent any clients until a supervisor has signed a consent to supervise. Petitioner shall provide to the Director the names of four attorneys who have agreed to be nominated as petitioner's supervisor no later than two weeks from the date of the Court's reinstatement order. If, after diligent effort, petitioner is unable to locate a supervisor acceptable to the Director, the Director will seek to appoint a supervisor. Petitioner shall make active client files available to the Director upon request.

d.

Petitioner shall cooperate fully with the supervisor in his/her efforts to monitor compliance with this probation. Petitioner shall contact the supervisor and schedule bi-monthly in-person meetings with his supervisor at which the supervisor will personally review a random sample of petitioner's open files. Petitioner's supervisor shall have access to all client files. 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, most recent activity, next anticipated action, anticipated closing date and any complaints or circumstances which might lead to a complaint. 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.

e.

Petitioner 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 petitioner is handling, and which will ensure that petitioner regularly reviews each and every file and completes legal matters on a timely basis. Petitioner shall ...


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