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In re Petition For Reinstatement of Wandling

Supreme Court of Minnesota

November 15, 2019

In re Petition for Reinstatement of David Edwin Wandling, a Minnesota Attorney, Registration No. 0232312.

          ORDER

          David L. Lillehaug, Associate Justice

         The court indefinitely suspended petitioner David Edwin Wandling from the practice of law, with no right to petition for reinstatement for 30 months, in June 2016. In re Wandling, 880 N.W.2d 362, 362 (Minn. 2016) (order). Wandling's misconduct involved misappropriating client funds, making false statements to conceal the misappropriation, failing to comply with court rules, failing to maintain trust-account books and records, engaging in trust-account violations, failing to provide written notice of disbursements of earned fees, and making false statements to the Director. See Minn. R. Prof. Conduct 1.15(a), (b), (c)(3)-(5), and (h), as interpreted by Appendix 1 thereto, 3.4(c), 4.1, 8.l(a)-(b), 8.4(c)-(d); Rule 25, Rules on Lawyers Professional Responsibility (RLPR). In imposing this discipline, we referenced the existence of mitigating factors. Wandling, 880 N.W.2d at 362.

         Petitioner applied for reinstatement on February 12, 2019, and a hearing was held before a panel of the Lawyers Professional Responsibility Board. The panel concluded that petitioner has complied with Rule 26, 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 3 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 David Edwin Wandling is reinstated to the practice of law.
2. Petitioner is placed on probation for 3 years, 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 Director's request, petitioner shall authorize the 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 notify the Director within 5 business days of becoming a signatory on a trust account. Petitioner shall maintain law-office and trust-account books and records in compliance with Minn. R. Prof. Conduct 1.15, and Appendix 1 to the Minnesota Rules of Professional Conduct. These books and records shall include the following: client subsidiary ledgers; checkbook register; monthly trial balance reports; monthly reconciliation reports; bank statements; canceled checks (if they are provided with the bank statements); duplicate deposit slips; bank reports of interest, service charges, and interest payments to the Minnesota IOLTA Program; and bank wire, electronic, or telephone transfer confirmations. Such books and records shall be made available to the Director within 30 days of petitioner becoming a signatory on a trust account and thereafter shall be made available to the Director at such intervals as the Director deems necessary to determine compliance.
(d) Petitioner shall be supervised by a licensed Minnesota attorney, appointed by the Director to monitor compliance with the terms of this probation. Petitioner shall provide the Director with the names of up to four attorneys who have agreed to be nominated as petitioner's supervisor within 2 weeks of the date of this order. If, after diligent effort, petitioner is unable to locate a supervisor acceptable to the Director, the Director will seek to appoint a supervisor. Until a supervisor has signed a consent to supervise, petitioner shall, on the first day of each month, provide the Director with an inventory of active client files described in paragraph (e) below. Petitioner shall make active client files available to the Director upon request.
(e) Petitioner shall fully comply with the supervisor's efforts to monitor compliance with his 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, most recent activity, next anticipated action, and anticipated closing date. Petitioner's supervisor shall ...

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