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Law Offices of Michael E. Douglas
P.O. Box 251551
Woodbury, Minnesota 55125-6551
   

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ETHICS - indefinite suspension

STATE OF MINNESOTA

IN SUPREME COURT

A06-71


In re Petition for Disciplinary Action against
Donald L. DeVaughn, a Minnesota Attorney,
Registration No. 22391.


O R D E R


The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Donald L. DeVaughn has committed professional misconduct warranting public discipline, namely, that respondent misappropriated client funds in the amount of ,750, failed to maintain trust account books and records, and failed to perform required account reconciliations resulting in shortages in respondentís trust account, in violation of Minn. R. Prof. Conduct 1.15(a) and (h) and 8.4(c) and (d).
Respondent has admitted to certain allegations of the petition and has withdrawn his answer to the remainder of the allegations of the petition, recognizing that the remaining allegations of the petition are deemed admitted under Rule 13(b), Rules on Lawyers Professional Responsibility (RLPR). In addition, respondent has repaid the amounts withdrawn from his trust account and has submitted evidence of respondentís clinical depression as a mitigating circumstance. Respondent 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 indefinite suspension with no right to apply for reinstatement for a minimum of 18 months.
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 respondent Donald L. DeVaughn is indefinitely suspended from the practice of law with no right to apply for reinstatement for a minimum of 18 months. The hearing required by Rule 18(d), RLPR, is not waived. In addition, reinstatement shall be subject to successful completion of the professional responsibility portion of the bar examination under Rule 18(e)(2), RLPR, satisfaction of continuing legal education requirements under Rule 18(e)(4), RLPR, and presentation of clear and convincing evidence of physical and mental health necessary to practice law. Respondent shall pay costs and disbursements in the amount of 0 under Rule 24, RLPR, and shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals).
Dated: October 25, 2006
BY THE COURT:

/s/
Helen M. Meyer
Associate Justice

ANDERSON, Paul H., J., took no part in the consideration or decision
of this case.

 

 
 
 

  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.