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In re Disciplinary Action against McPhee

Supreme Court of Minnesota

June 17, 2015

In re Petition for Disciplinary Action
v.
Gregory Gerard McPhee, a Minnesota Attorney, Registration No. 316696

Original Jurisdiction.

SYLLABUS

1. The attorney disciplinary proceedings conducted in New York were fundamentally fair and consistent with due process.

2. Indefinite suspension from the practice of law with no right to petition for reinstatement for 2 years is the appropriate reciprocal discipline to impose on the attorney.

Martin A. Cole, Director, Craig D. Klausing, Senior Assistant Director, Office of Lawyers Professional Responsibility, Saint Paul, Minnesota, for petitioner.

Eric T. Cooperstein, Law Office of Eric T. Cooperstein, PLLC, Minneapolis, Minnesota, for respondent.

OPINION

Page 71

PER CURIAM.

In 2007, the New York Supreme Court, Appellate Division, suspended respondent Gregory Gerard McPhee for 2 years for engaging in a pattern of client neglect, failing to return unearned fees, and failing to cooperate in disciplinary investigations. After learning of McPhee's New York suspension, the Director of the Office of Lawyers Professional Responsibility (" the Director" ) petitioned to impose reciprocal discipline in Minnesota. Because we conclude that the disciplinary proceedings in New York were fundamentally fair and that indefinite suspension from the practice of law without the possibility of reinstatement for 2 years would not be unjust or substantially different from the discipline that would be imposed in Minnesota, we indefinitely suspend McPhee with no right to petition for reinstatement for 2 years.

Page 72

I.

McPhee was admitted to practice law in New York in 2000. In re McPhee, 46 A.D.3d 202, 844 N.Y.S.2d 771, 771 (N.Y.App.Div. 2007). In 2002, he was admitted to practice in Minnesota. This case involves professional misconduct that McPhee committed in New York.

Several years after McPhee was admitted to practice in New York, the Grievance Committee of the Fifth Judicial District in New York[1] filed a petition with the New York Supreme Court, Appellate Division Fourth Judicial Department (" New York court" ), charging McPhee with acts of professional misconduct arising from his representation of five clients in criminal matters. Id. at 771. McPhee filed an answer denying the allegations. Id. The New York court appointed a referee to hear and report on issues of fact. Id. McPhee did not attend the hearing before ...


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