Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Petition for Reinstatement to Practice of Law of Eskola

Supreme Court of Minnesota

August 8, 2019

In re Petition for Reinstatement to the Practice of Law of Richard S. Eskola, Registration No. 0123699.

          ORDER

          David L. Lillehaug Associate Justice

         The court indefinitely suspended petitioner Richard S. Eskola from the practice of law, with no right to petition for reinstatement for a minimum of 18 months, effective as of March 29, 2017. In re Eskola, 891 N.W.2d 294, 296 (Minn. 2017). Eskola's misconduct involved (1) failing to maintain trust account books and records; (2) making false statements to the Director of the Office of Lawyers Professional Responsibility; and (3) mishandling and misappropriating client funds. See Minn. R. Prof. Conduct 1.15(a), 1.15(c)(2), 1.15(c)(3), and 1.15(h), as interpreted by Appendix 1, and Minn. R. Prof. Conduct 8.1(a), 8.4(c).

         Petitioner applied for reinstatement on October 20, 2018, and a hearing was held before a panel of the Lawyers Professional Responsibility Board. The panel concluded that petitioner has complied with Rule 26, Rules on Lawyers Professional Responsibility (RLPR), paid the costs required under Rule 24, RLPR, and passed the Multistate Professional Responsibility Exam. The panel also concluded petitioner had proven by clear and convincing evidence that he had undergone the requisite moral change to render him fit to resume the practice of law, that he possesses current legal skill and knowledge, and that he had otherwise met the conditions of reinstatement set forth in our prior order. The panel recommended that petitioner be reinstated to the practice of law and placed on probation for a period of 2 years, subject to conditions.

         Petitioner and the Director waive their procedural rights under Rule 18, RLPR, and jointly recommend that petitioner be reinstated and, upon reinstatement, be placed on probation. The court has independently reviewed the file and approves the recommended disposition.

         Based upon all the files, records, and proceedings herein, IT IS HEREBY ORDERED that:

         1. Petitioner Richard S. Eskola is reinstated to the practice of law.

         2. The restriction in this court's order of March 15, 2017, remains in effect: petitioner is permanently prohibited from being an authorized signatory on any client trust account. Accordingly, petitioner shall arrange his practice such that he is associated with an attorney with signatory capabilities and responsibilities over a trust account as required by the nature of petitioner's practice.

         3. Likewise, petitioner shall employ an accountant or bookkeeper with training in handling attorney business and trust accounts to manage his books and records.

         4. Petitioner shall promptly take a class on basic computer skills for office management, which class shall be completed no later than six months after petitioner's reinstatement to the practice of law.

         5. If petitioner did not attend the 2019 Strategic Solutions for Solo and Small Firms Conference on August 4-6, 2019, at the Duluth Entertainment Convention Center, he shall attend such similar course as is directed to small and solo practitioners.

         6. Petitioner shall submit his proposed flat fee retainer agreement to the Director for approval within 30 days of reinstatement to the practice of law.

         7. Petitioner is placed on probation to terminate 2 years after petitioner's reinstatement, subject to the following terms and conditions:

         (a) Petitioner shall cooperate fully with the Director's Office in its efforts to monitor compliance with this probation. Petitioner shall promptly respond to the Director's correspondence by the due date. Petitioner shall provide to the Director a current mailing address and shall immediately notify the Director of any change in address. Petitioner shall cooperate with the Director's investigation of any allegations of unprofessional conduct that may come to the Director's attention. Upon the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.