In re Petition for Disciplinary Action against D. Gregory Mulligan, a Minnesota Attorney, Registration No. 0203592.
L. LILLEHAUG, ASSOCIATE JUSTICE
Director of the Office of Lawyers Professional Responsibility
has filed a petition for disciplinary action alleging that
respondent D. Gregory Mulligan has committed professional
misconduct warranting public discipline-namely, representing
clients when a potential, non-waivable conflict of interest
existed, failing to deposit advance fees into trust, failing
to timely refund unearned advance fees, ineffectively
representing a client in a criminal manner, interviewing a
potential trial witness without a third person present,
failing to make proper disclosures to an unrepresented
person, failing to comply with discovery obligations, failing
to provide the client with a copy of the file, and entering
into a business transaction with a client without making the
proper disclosures. See Minn. R Prof. Conduct 1.1,
1.3, 1.4(a)(4), 1.4(b), 1.7(a)(2), 1.8(a)(2), 1.15(c)(4),
1.15(c)(5), 1.16(d), 3.4(c), 3.7(a), 4.3(b), 4.3(d), 8.4(d).
and the Director have entered into a stipulation for
discipline. In it, respondent waives his right to answer and
his rights under Rule 14, Rules on Lawyers Professional
Responsibility (RLPR) and unconditionally admits the
allegations in the petition. The parties jointly recommend
that the appropriate discipline is a 30-day suspension and 2
years of supervised probation.
court has independently reviewed the file and approves the
upon all the files, records, and proceedings herein, IT IS
HEREBY ORDERED THAT:
Respondent D. Gregory Mulligan is suspended from the practice
of law for a minimum of 30 days, effective 14 days from the
date of this order.
Respondent shall pay $900 in costs pursuant to Rule 24, RLPR.
Respondent shall comply with Rule 26, RLPR (requiring notice
of suspension to clients, opposing counsel, and tribunals).
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 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 suspension,
as provided in Rule 18(e)(3), RLPR.
Following reinstatement, respondent shall be placed on
probation for 2 years, upon the following terms and
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. Within 2 weeks of the date
of this order, respondent shall provide to the Director the
names of four attorneys who have agreed to be nominated as
respondent's supervisor. If, after diligent effort,
respondent 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, the
respondent shall on the first day of each month provide the