In re Petition for Disciplinary Action against Daniel Thomas Westerman, a Minnesota Attorney, Registration No. 0271330.
R. Stras Associate Justice
Director of the Office of Lawyers Professional Responsibility
has filed a petition for disciplinary action alleging that
respondent Daniel Thomas Westerman has committed professional
misconduct warranting public discipline by failing: (1) to
diligently and competently represent a client; (2) to
communicate with the client; (3) to respond to an opposing
party's discovery requests; (4) to comply with a court
order; (5) to appear for two court hearings; (6) to surrender
a copy of the client's file upon termination of the
representation; and (7) to cooperate with the Director's
investigation. See Minn. R. Prof. Conduct 1.1, 1.3,
1.4(a)(2), 1.4(a)(3), 1.4(a)(4), 1.15(c)(4), 1.16(d), 3.2,
3.4(c), 3.4(d), 8.1(b), and 8.4(d), and Rule 25, Rules on
Lawyers Professional Responsibility (RLPR).
waives his rights under Rule 14, RLPR, unconditionally admits
the allegations in the petition, and with the Director
recommends that the appropriate discipline is a 30-day
suspension followed by 2 years of probation.
court has independently reviewed the file and approves the
upon all the files, records, and proceedings herein, IT IS
HEREBY ORDERED THAT:
Respondent Daniel Thomas Westerman is suspended from the
practice of law for a minimum of 30 days, effective 14 days
from the date of this order.
Respondent shall comply with Rule 26, RLPR (requiring notice
of suspension to clients, opposing counsel, and tribunals).
Respondent shall pay $900 in costs pursuant to Rule 24, RLPR.
Respondent shall be eligible for reinstatement to the
practice of law following the expiration of the suspension
period provided that, not less than 15 days before the end of
the suspension period, respondent files with the Clerk of the
Appellate Courts and serves upon the Director an affidavit
establishing that he is current in continuing legal education
requirements, has complied with Rules 24 and 26, RLPR, and
has complied with any other conditions for reinstatement
imposed by the court.
Within 1 year of the date of the filing of this order,
respondent shall file with the Clerk of the Appellate Courts
and serve upon the Director proof of successful completion of
the written examination required for admission to the
practice of law by the State Board of Law Examiners on the
subject of professional responsibility. Failure to timely
file the required documentation shall result in automatic
re-suspension, as provided in Rule 18(e)(3), RLPR.
reinstatement to the practice of law, respondent shall be
subject to probation for 2 years, subject to the following
terms and conditions:
(a) Respondent shall cooperate fully with the Director's
Office in its efforts to monitor compliance with this
probation. Respondent shall promptly respond to the
Director's correspondence by its due date. Respondent
shall provide to the Director a current mailing address and
shall immediately notify the Director of any change of
address. Respondent shall cooperate with the Director's
investigation of any allegations of unprofessional conduct
that may come to the Director's attention. Upon the
Director's request, respondent shall provide
authorization for release of information and documentation to
verify compliance with the terms of this probation;
(b) Respondent shall abide by the Minnesota Rules of
(c) Respondent shall be supervised by a licensed Minnesota
attorney, appointed by the Director, to monitor compliance
with the terms of this probation. Respondent shall provide to
the Director the names of four attorneys who have agreed to
be nominated as respondent's supervisor within 2 weeks
from the date of the court's order. If, after diligent
effort, respondent is unable to locate a supervisor
acceptable to the Director, the Director shall seek to
appoint a supervisor. Until a supervisor has signed a consent
to supervise, respondent shall on the first day of each month
provide the Director with ...