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In re Petition for Disciplinary Action Against Pierce12/1/2005
have issued insufficient funds checks in conjunction with other misconduct. See, e.g., id. at 349 (suspending attorney indefinitely for client neglect, issuance of one insufficient funds check, and failure to pay two judgments for law-related debts); In re Gubbins, 380 N.W.2d 810, 811-12 (Minn. 1986) (suspending attorney for four months for issuing 217 insufficient funds checks, commingling funds, and failing to keep proper trust account records); In re Larson, 324 N.W.2d 656, 658-59 (Minn. 1982) (disbarring attorney who issued numerous insufficient funds checks, misappropriated client funds, and failed to cooperate with the disciplinary investigation).
We consider the presence of aggravating or mitigating circumstances in determining the proper discipline. In re Wentzell, 656 N.W.2d at 408. There are several aggravating circumstances in this case. First, Pierce's failure to make restitution to L.F. is an aggravating factor. See In re Swerine, 513 N.W.2d at 467. Second, Pierce's failure to cooperate with the disciplinary investigation is an aggravating factor because it demonstrates a disregard for the seriousness of the disciplinary process and for his ethical obligations as an attorney. See In re Westby, 639 N.W.2d at 370-71; In re Engel, 538 N.W.2d 906, 907 (Minn. 1995).
Pierce has provided no evidence of mitigating circumstances. The fact that an attorney is relatively new to the profession is not a mitigating factor where serious misconduct, such as the misappropriation of client funds, is present. See In re Leon, 524 N.W.2d 723, 725 (Minn. 1994). Further, the absence of prior disciplinary history does not mitigate when the violation is severe. See In re Wentzell, 656 N.W.2d at 409. Given the serious nature of the misconduct and the absence of any mitigating circumstances, we hold that disbarrment is the appropriate discipline is this case.
So ordered.
BLATZ, C.J., took no part in the consideration or decision of this matter.
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