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ETHICS - suspension extended indefinitely

STATE OF MINNESOTA

IN SUPREME COURT

A06-61


In re Petition for Disciplinary Action against
Michael Lee Martinez, a Minnesota Attorney,
Registration No. 168518.


O R D E R


The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Michael Lee Martinez committed professional misconduct warranting public discipline, namely: engaging in a pattern of neglecting client matters, failing to adequately communicate with clients, failing to inform clients of his suspension from the practice of law, and practicing law while suspended, in violation of Minn. R. Prof. Conduct (MRPC) 1.3, 1.4, and 5.5 and Rule 26, Rules on Lawyers Professional Responsibility (RLPR); engaging in a pattern of failing to cooperate with disciplinary investigations, in violation of MRPC 8.1(a)(3) and Rule 25, RLPR; and failing to return a client’s file, in violation of MRPC 1.16(d) and Rule 26(d), RLPR.
Respondent admits his conduct violated the Minnesota Rules of Professional Conduct, waives his rights under Rule 14, RLPR, and has entered into a stipulation with the Director in which they jointly recommend that the appropriate discipline is an indefinite extension for a minimum of 18 months of respondent’s existing suspension from the practice of law, effective on the date of the filing of this order, subject to the following conditions:
(a) The reinstatement hearing provided for in Rule 18, RLPR, is not waived.

(b) Compliance with Rule 26, RLPR, requiring notice of suspension to clients, opposing counsel, and tribunals.

(c) Compliance with all of the terms and conditions of the court’s July 25, 2000, and January 21, 2003, suspension orders.

(d) Discontinuance within 14 days of the filing of this order of respondent’s employment/independent contractor arrangement with attorney Joel Monke and provision of verification to the Director that respondent has done so.

(e) Immediate notification to the Director, if respondent becomes otherwise employed in the legal field in any capacity during the period of his suspension, of the name, address and telephone number of his employer and the terms and conditions of his employment.

(f) Payment of costs in the amount of 0 plus interest under Rule 24(d), RLPR.

This court has independently reviewed the file and approves the jointly recommended disposition.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that the current suspension of respondent Michael Lee Martinez from the practice of law is hereby extended indefinitely for a minimum of 18 months from the date of the filing of this order, subject to the conditions set forth above.
Dated: July 13, 2006
BY THE COURT:

/s/

Helen M. Meyer
Associate Justice

 

 
 
 

  What day were you injured?

  / /


  What caused your injuries?
Traffic/Bicycle Accident
Work-Related Injury
Wrongful Death
Dog Bite
Slip and Fall
Other:


  How have your injuries affected

  your life?

 


  What kinds of medical care
  professionals have you seen?

 


  What has your treatment cost?

 

  Is Insurance Involved?
My insurance may cover
        this.

Someone else's insurance
        may cover this.

I already filed a claim.
I rejected a settlement
        offer.

I accepted a settlement
        offer.

  Were there any witnesses?
Bystanders Witnessed This.
Police Responded and Filed
        a Police Report

Police Responded but Did
        Not File a Police Report


 
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Minnesota Lawyer representing Personal Injury, Car / Auto Accident, Workers Compensation, Medical Malpractice, Social Security Disability claims.
Dedicated to Injured Workers, Victims of Negligence, Car Accidents, Victims of Fraud, and those in need of legal assistance.